MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT TO-DO IOS AND MAC APPS
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.
INSTEAD, RETURN IT TO APPLE INC. ("APPLE") FOR A REFUND OR CREDIT IF APPLICABLE.
1. INSTALLATION AND USE RIGHTS.
a) General. You may install and use one copy of the software on an iOS and/or MAC-based
device as permitted by Apple’s app store usage rules.
b) Third Party Software. The software may include third party applications that are licensed to you
under this agreement or under their own terms. License terms, notices, and acknowledgements, if
any, for the third party applications may be accessible online at http://aka.ms/thirdpartynotices or in
an accompanying notices file. Even if such applications are governed by other agreements, the
disclaimer, limitations on, and exclusions of damages below also apply to the extent allowed by
applicable law.
2. 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.
3. 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
Microsoft’s products and services. Your opt-out rights, if any, are described in the product
documentation. Some features in the software may enable collection of data from users of your
applications that access or use the software. If you use these features to enable data collection in your
applications, you must comply with applicable law, including getting any required user consent, and
maintain a prominent privacy policy that accurately informs users about how you use, collect, and
share their data. You can learn more about Microsoft’s data collection and use in the product
documentation and the Microsoft Privacy Statement at
https://go.microsoft.com/fwlink/?LinkId=521839. You agree to comply with all applicable provisions of
the Microsoft Privacy Statement.
4. 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 the
agreements that Microsoft has with you or your organization and these terms do not apply. If you use
a work or school email address to access the software under these license terms, you may be
prompted to update the email address associated with your Microsoft account in order to continue
accessing.
5. CODE OF CONDUCT. By agreeing to these license terms, you’re agreeing that, when using the
software, you will follow these rules:
a) Don’t do anything illegal.
b) Don’t engage in any activity that exploits, harms, or threatens to harm children.
c) Don’t publicly display or use the software to share inappropriate content or material (involving, for
example, nudity, bestiality, pornography, graphic violence, or criminal activity).
d) Don’t engage in activity that is false or misleading (e.g., impersonating someone else).
e) Don’t circumvent any restrictions on access to or availability of the software.
f) Don’t engage in activity that is harmful to you, the software, or others (e.g., transmitting viruses,
posting terrorist content, communicating hate speech, or advocating violence against others).
g) Don’t infringe upon the rights of others (e.g., unauthorized sharing of copyrighted material).
h) Don’t engage in activity that violates the privacy of others.
i) Don’t help others break these rules.
6. 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;
b) reverse engineer, decompile or disassemble the software;
c) remove, minimize, block, or modify any notices of Microsoft or its suppliers in the software;
d) use the software for commercial, non-profit, or revenue-generating activities unless you have
commercial use rights under a separate agreement;
e) use the software in any way that is against the law or to create or propagate malware; or
f) share, publish, distribute, or lend the software, provide the software as a stand-alone hosted solution
for others to use, or transfer the software or this agreement to any third party.
7. TRANSFER TO ANOTHER DEVICE. You may uninstall the software and install it on another device
for your use. You may not share this license on multiple devices.
8. 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 http://aka.ms/exporting.
9. 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.
10. 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.
11. BINDING ARBITRATION AND CLASS ACTION WAIVER. This Section applies if you live in
(or, if a business, your principal place of business is in) the United States. If you and
Microsoft have a dispute, you and Microsoft agree to try for 60 days to resolve it informally. If you and
Microsoft can’t, you and Microsoft agree to binding individual arbitration before the American
Arbitration Association under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a
judge or jury. Instead, a neutral arbitrator will decide. Class action lawsuits, class-wide arbitrations,
private attorney-general actions, and any other proceeding where someone acts in a representative
capacity are not allowed; nor is combining individual proceedings without the consent of all parties.
The complete Arbitration Agreement contains more terms and is at http://aka.ms/arb-agreement-1.
You and Microsoft agree to these terms.
12. 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 of its component parts.
13. 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.
14. APPLICABLE LAW AND PLACE TO RESOLVE DISPUTES. If you acquired the software in the
United States or Canada, the laws of the state or province where you live (or, if a business, where
your principal place of business is located) govern the interpretation of this agreement, claims for its
breach, and all other claims (including consumer protection, unfair competition, and tort claims),
regardless of conflict of laws principles, except that the FAA governs everything related to arbitration.
If you acquired the software in any other country, its laws apply, except that the FAA governs
everything related to arbitration. If U.S. federal jurisdiction exists, you and Microsoft consent to
exclusive jurisdiction and venue in the federal court in King County, Washington for all disputes heard
in court (excluding arbitration). If not, you and Microsoft consent to exclusive jurisdiction and venue in
the Superior Court of King County, Washington for all disputes heard in court (excluding arbitration).
15. THIRD PARTY BENEFICIARY. You agree that Apple and its subsidiaries are third party beneficiaries
of this agreement, and Apple has the right to enforce this agreement.
16. 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.
17. 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.
18. 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.
