13. 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).
14. 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.
15. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS IS.” YOU BEAR THE RISK OF
USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, MICROSOFT EXCLUDES ALL IMPLIED
WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT.
16. LIMITATION ON AND EXCLUSION OF DAMAGES. IF YOU HAVE ANY BASIS FOR RECOVERING
DAMAGES DESPITE THE PRECEDING DISCLAIMER OF WARRANTY, YOU CAN RECOVER FROM
MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. 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.