MICROSOFT
SOFTWARE LICENSE TERMS
MICROSOFT OFFICE, WORD, EXCEL, AND POWERPOINT FOR ANDROID
AND IOS/IPADOS
IF YOU LIVE IN (OR ARE A BUSINESS WITH YOUR
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.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT
ACCEPT THEM, DO NOT USE THE SOFTWARE. FOR IOS/IPADOS USERS, INSTEAD, RETURN IT
TO APPLE INC. (“APPLE”) FOR A REFUND OR CREDIT IF APPLICABLE.
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. As used here, “Android user” means a user using
Microsoft Office, Word, Excel, and/or PowerPoint for Android, and “iOS/iPadOS user” means a user using
Microsoft Office, Word, Excel, and/or PowerPoint for iOS or iPadOS.
1. INSTALLATION
AND USE RIGHTS.
a) General. Android users may install and use any number
of copies of the software. iOS/iPadOS users may
install and use one copy of the software on an iOS-based or iPadOS-based
device as permitted by Apple’s app store usage rules. Features may vary
depending on screen size, and extra features may be available with a qualifying
Office 365 Subscription, as indicated at www.office.com/information.
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.
c) Microsoft Services Agreement. Some features of the software provide
access to, or rely on, online services. The use of those services (but not the
software) is governed by the separate terms and privacy policies in the
Microsoft Services Agreement at http://go.microsoft.com/fwlink/?linkid=398923. Please read them. The services may not
be available in all regions.
d) Competitive Benchmarking. If you are a
direct competitor, and you access or use the software for purposes of
competitive benchmarking, analysis, or intelligence gathering, you waive as
against Microsoft, its subsidiaries, and its affiliated companies (including
prospectively) any competitive use, access, and benchmarking test restrictions
in the terms governing your software to the extent your terms of use are, or
purport to be, more restrictive than Microsoft’s terms. If you do not waive any
such purported restrictions in the terms governing your software, you are not
allowed to access or use this software, and will not
do so.
2. 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 a) your organization’s guidelines and policies
regarding the use of the software, and b) the agreements Microsoft has with you
or your organization, and in such case these terms may not apply. If you
already have a Microsoft account and you use a separate work or school email
address to access the software, you may be prompted to update the email address
associated with your Microsoft account to continue accessing the software.
3. PRE-RELEASE
SOFTWARE. If
you are downloading a pre-release or beta version of the software, the terms of
this section also apply to the pre-release or beta software:
a) The software is a pre-release version. It may not operate
correctly. It may be different from the commercially released version.
b) Confidential
Information. The software,
including its user interface, features and documentation, is confidential and
proprietary to Microsoft and its suppliers.
a. Use. For
five years after installation of the software or its commercial release,
whichever is first, you may not disclose confidential information to third
parties. You may disclose confidential information only to your employees and
consultants who need to know the information. You must have written agreements
with them that protect the confidential information at least as much as this
agreement.
b. Survival. Your duty to protect confidential information survives this
agreement.
c. Exclusions. You may disclose confidential information in response to a
judicial or governmental order. You must first give written notice to Microsoft
to allow it to seek a protective order or otherwise protect the information.
Confidential information does not include information that:
i. becomes publicly known through no wrongful act;
ii. you received from a third party who did not breach
confidentiality obligations to Microsoft or its suppliers; or
iii. you developed independently.
4. 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.
5. DATA.
a) 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, improve Microsoft’s products and services, and
provide personalized advertising that aligns with your interests. Your opt-out rights,
if any, are described in the product documentation, and you may opt-out of
personalized advertising on your mobile device by following the manufacturers’
Ad Personalization settings. 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=512132. Personalized advertising is governed by
the Microsoft Privacy Statement at https://go.microsoft.com/fwlink/?LinkId=512132
and Xandr’s Privacy Statement at
https://www.xandr.com/privacy/platform-privacy-policy/. You agree to comply with all applicable
provisions of the Microsoft Privacy Statement.
b) Processing of Personal Data. To the extent Microsoft is a processor or subprocessor of personal data in connection with the software,
Microsoft makes the commitments in the European Union General Data Protection
Regulation Terms of the Online Services Terms to all customers effective May
25, 2018, at https://go.microsoft.com/?linkid=9840733.
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) disclose the results of any benchmark tests of the software
to any third party without Microsoft’s prior written approval;
e) use the software for commercial, non-profit, or
revenue-generating activities unless you have commercial use rights under a
separate agreement;
f) use the software in any way that is
against the law or to create or propagate malware; or
g) 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 (IOS/IPADOS USERS ONLY). iOS/iPadOS users may
uninstall the software and install it on another device for their use but 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. 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.
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. THIRD PARTY BENEFICIARY (IOS/IPADOS
USERS ONLY). iOS/iPadOS users agree that Apple and its subsidiaries are
third party beneficiaries of this agreement, and Apple has the right to enforce
this agreement.
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
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
a. 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.
b. 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 b., 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. DISCLAIMER OF
WARRANTY.
ANDROID USERS: 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.
IOS/IPADOS USERS: 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.
17. LIMITATION ON AND
EXCLUSION OF DAMAGES.
AS TO ANDROID
USERS, 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.
AS TO IOS/IPADOS
USERS, 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 (for iOS/iPadOS
users) 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.
Please
note: As this software is distributed in Canada, some of the clauses in this
agreement are provided below in French.
Remarque:
Ce logiciel étant distribué au Canada, certaines
des clauses dans ce contrat
sont fournies ci-dessous en français.
EXONÉRATION
DE GARANTIE. Le logiciel visé
par une licence est offert « tel
quel ». Toute utilisation de ce logiciel est à votre seule risque
et péril. Microsoft n’accorde
aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit
local sur la protection des consommateurs, que ce contrat ne peut
modifier. La ou elles sont permises par le droit
locale, les garanties implicites
de qualité marchande, d’adéquation à un usage particulier et d’absence
de contrefaçon sont exclues.
LIMITATION
DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de
ses fournisseurs une indemnisation en cas de dommages
directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices.
Cette
limitation concerne:
•
tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers; et
•
les réclamations au titre
de violation de contrat ou
de garantie, ou au titre de responsabilité stricte, de négligence ou d’une autre
faute dans la limite autorisée par la loi en vigueur.
Elle
s’applique également, même si Microsoft connaissait ou devrait connaître l’éventualité d’un tel dommage. Si votre pays n’autorise pas l’exclusion ou la limitation de responsabilité
pour les dommages indirects,
accessoires ou de quelque nature que ce soit, il se peut que la
limitation ou l’exclusion
ci-dessus ne s’appliquera pas à votre
égard.
EFFET
JURIDIQUE. Le présent contrat
décrit certains droits juridiques. Vous pourriez avoir d’autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits
que vous confèrent les lois de votre pays si celles-ci ne le permettent pas.