MICROSOFT SOFTWARE LICENSE TERMS

PLEASE NOTE: If you only use the application to view existing documents, see Section C below. If you use the application to create, edit or save documents (in addition to viewing), see Sections A and B below to determine which section applies to your use of the application.

 

A) If you are an EXISTING Microsoft Office 365 subscriber with mobile device rights, you may view, create, edit or save documents subject to the following terms:

Refer to your existing license 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 on Apple's App Store. You may use and install copies of the application on iPad devices you own or control subject to the service terms and conditions so long as you have a valid subscription license 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 create, edit or save documents (in addition to viewing):

You may not use the application unless you first obtain a Microsoft Office 365 subscription license 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 an unlimited number of iPad devices you own or control subject to the service terms and conditions at http://office.microsoft.com/office-365/FX103453735.aspx so long as you have a valid subscription license 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 on Apple's App Store. 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 only use the application to view existing documents, the following terms apply:

These license 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. INSTEAD, RETURN IT TO APPLE INC. (APPLE) FOR A REFUND OR CREDIT IF APPLICABLE.

1. INSTALLATION AND USE RIGHTS. You may install and use one copy of the software on iPad devices you own or control in order to view existing documents.

2. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or cancel them 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 services to try to gain unauthorized access to any service, data, account or network by any means.

3. 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;
• transfer the software or this agreement to any third party; or
• use the software for commercial software hosting services.

4. DOCUMENTATION. Any person that has valid access to your iPad devices may copy and use the documentation for internal, reference purposes.

5. TRANSFER TO ANOTHER iPad DEVICE. You may uninstall the software and install it on another iPad 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 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/contactus (technical support).  Charges may apply.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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 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.

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. YOU CAN RECOVER FROM APPLE, 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

• anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
• claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort 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 country may not allow the exclusion or limitation of incidental, consequential or other damages.