MICROSOFT SOFTWARE LICENCE TERMS
MICROSOFT OFFICE MOBILE FOR ANDROID (“application”)
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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.
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PLEASE NOTE: If you only want to use the application to view documents and perform core editing features, see Section C below. To project the application to or use it on a separate screen in “PC mode” or equivalent, or to unlock premium editing features in addition to the core features, see Sections A and B below to determine which section applies to your use of the application. If you are not a Microsoft Office 365 subscriber entitled to the rights under Sections A or B, see Section C below and note your use is limited.
You may find the list of premium features at www.office.com/information.
A) If you are an EXISTING Microsoft Office 365 subscriber with mobile device rights, you may view, create, edit or save documents via core and premium features subject to the following terms:
Refer to your existing licence terms for Microsoft Office 365 with mobile device rights (the “service”) to identify the entity licensing the application to you and for support information. The terms and conditions for the service apply to your use of the application. However, the application’s privacy statement applies to your use of the application in addition to the privacy statement for the service. You may find the privacy statement within the application and/or on the app store where you found the application. You may use and install copies of the application on Android devices you own or control subject to the service terms and conditions as long as you have a valid subscription licence to the service that includes mobile device rights. If there is a conflict between the service terms and conditions and the above, these application terms apply. By using the application, you accept these terms. If you do not accept them, do not use the application.
B) If you are NOT CURRENTLY a Microsoft Office 365 subscriber AND you want to unlock premium editing features in addition to the core features:
You may not use the application unless you first obtain a Microsoft Office 365 subscription licence with mobile device rights (in which case Section A above applies), or you purchase a consumer subscription to Office 365 (the “service”), as available within the application, in which case the following terms and conditions apply:
You may use and install copies of the application on Android devices you own or control subject to the service terms and conditions at http://office.microsoft.com/office-365/FX103453735.aspx as long as you have a valid subscription licence to the service. However, the application’s privacy statement applies to your use of the application in addition to the privacy statement for the service. You may find the privacy statement within the application and/or on the app store where you found the application. If there is a conflict between the service terms and conditions and the above, these application terms apply. By using the application, you accept these terms. If you do not accept them, do not use the application.
C) If you are NOT CURRENTLY a Microsoft Office 365 subscriber AND you only want to use the application to view existing documents or perform core editing features, the following terms apply:
These licence terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the application named above (“software”). The terms also apply to any Microsoft updates, supplements, Internet-based services, and support services for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
IF YOU COMPLY WITH THESE LICENCE TERMS, YOU HAVE THE RIGHTS BELOW.
1. RIGHTS RELATING TO INSTALLATION AND USE.
a. Android Devices with a screen size not to exceed 10.1 inches. You may install and use one copy of the software on Android devices you own or control in order to view existing documents. As allowed by the software, which may require sign-in with a Microsoft account, you may also create, edit or save documents for non-commercial purposes.
b. Android Devices with a screen size greater than 10.1 inches. You may install and use one copy of the software on Android devices you own or control in order to view existing documents. As allowed by the software, which may require sign-in with a Microsoft account, you may also print documents for non-commercial purposes.
2. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or cancel these at any time. You may not use these services in any way that could harm them or impair anyone else’s use of them. You may not use the service to try to gain unauthorised access to any service, data, account or network by any means.
3. SCOPE OF LICENCE. The software is licensed, not sold. This agreement only gives you some rights to use the application. 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:
a. work around any technical limitations in the software;
b. reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
c. make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
d. publish the software for others to copy;
e. rent, lease or lend the software;
f. transfer the software or this agreement to any third party; or
g. use the software for commercial software hosting services.
4. DOCUMENTATION. Any person that has valid access to your Android devices may copy and use the documentation for internal, reference purposes.
5. TRANSFER TO ANOTHER ANDROID DEVICE. You may uninstall the software and install it on another Android device you own or control for your use.
6. 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 .
7. SUPPORT SERVICES. Because this software is provided “as is,” we may not provide support services for it, but limited customer support is available at office.com/support (help/how-to) and at support.microsoft.com/contact us (technical support). Charges may apply.
10. APPLICABLE LAW
a. 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.
b. 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.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS OR STATUTORY GUARANTEES UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
13. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS 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 programmes; and
b. claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence or other tort to the extent permitted by applicable law.
c. It also applies even if Microsoft 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.
14. THIRD PARTY PROGRAMMES. The software may include third party programmes that Microsoft, not the third party, licenses to you under this agreement. Notices, if any, for the third-party programmes are included for your information only.
15. 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 regions listed below, or mandatory country law applies, then the following provisions shall 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 licenced software will perform substantially as described in any Microsoft materials that accompany the software. However, Microsoft gives no contractual guarantee in relation to the licenced 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.
16. 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.