Consumer Customers: To determine which one of the two separate
sets of license terms below apply to you, check the product title. This is printed either on product packaging if you purchased
the product from a physical retail store or on the page from which you purchased
the software if you obtained the software online. If designated
Microsoft 365 subscription (e.g., Microsoft 365 Family, Personal) then the
“Supplement to Microsoft Services Agreement – Microsoft 365 Consumer
Subscription Service and Software” below applies to you. If designated Office
software (e.g., Office Home & Student or Office Home & Business), then
the “Microsoft Software License Terms – Office Desktop” below apply to you.
Enterprise
Customers: If you are an
Enterprise customer, the below terms do not apply to you, and your use of the
subscription service/software is subject to the terms and conditions of the volume
license agreement you agreed to when you signed up for the subscription and by
which you acquired the license for the software. You may not use the
service/software if you have not validly acquired a license from Microsoft or
its licensed distributors. If your organization is a Microsoft customer, it has
enabled you to use certain connected services in Microsoft 365. You may also
have access to other connected services from Microsoft, which are covered by
separate terms and privacy commitments. Learn more about Microsoft’s other
connected services at https://support.office.com/article/92c234f1-dc91-4dc1-925d-6c90fc3816d8.
SUPPLEMENT TO MICROSOFT SERVICES AGREEMENT
OFFICE SERVICE AND SOFTWARE
IN MICROSOFT 365 CONSUMER SUBSCRIPTION
Last updated April 2020
Thank you for choosing a Microsoft 365 Consumer Subscription!
Your use of the Office service and software included in your
Microsoft 365 subscription (the “service/software”) is governed by the terms
and conditions of the Microsoft Services Agreement you agreed to when you
signed up for a Microsoft Account (linked below) and the terms and conditions
of this Supplement (collectively, the “Agreement”), which with other terms
contained in web links listed in this Supplement (if any) are an agreement
between you and Microsoft Corporation (or, based on where you live, one of its
affiliates). A separate license may be presented when installing or using the
service/software on a device, and that separate license controls to the extent
of any conflict with the Agreement. You should review this entire Supplement,
including any linked terms, because all the terms are important and create this
contract that applies to you. You can review linked terms by pasting the
applicable link into your browser window. In the event of any conflict between
the Microsoft Services Agreement and this Supplement, this Supplement will
govern as to your use of the service/software.
By accepting this Supplement or using the service and software,
you agree to all these terms and consent to the transmission of certain
information during activation and during your use of the software pursuant to
the Microsoft Privacy Statement described in the Microsoft Services Agreement
and linked below in this Supplement. If you do not accept and comply with these
terms, you may not use the services, software or their features.
1. Installation and Use
Rights; Activation.
a. License; Number of Users and
Devices Signed In; Other Requirements. The service/software is licensed, not
sold. Provided that you comply with all the terms of the Agreement, we grant
you the right to install and run copies of the service/software on devices you own
and control, and for your personal use, as follows:
(i)
Microsoft
365 Family Subscription. For use by you and five
(5) additional members of your household (up to six users total).
(ii)
Microsoft
365 Personal Subscription. For use by you only. The
non-commercial use restriction set forth in the Microsoft Services Agreement
does not apply to users who live in Japan or acquired their subscription to the
service/software while they lived in Japan.
(iii)
Devices
Signed In. There may be technical limits on the number of devices that can
be signed in by a user concurrently to use the service/software, as described
in the help article found at https://go.microsoft.com/fwlink/?linkid=874481.
(iv)
Other
Requirements. Except as permitted under Section 1.a(i) above, only one person at a time may use the
service/software on each device. The service/software may not be used for
commercial, non-profit, or revenue-generating activities. The components of the
software are licensed as a single unit, and you may not separate or virtualize
the components and install them on different devices. Except for the permitted
use described under “Remote Access” below, this license is for direct use of
the software only through the input mechanisms of a device, such as a keyboard,
mouse, or touchscreen. Installation of the software on a server or for use by
or through other devices connected to the server over an internal or external
network and commercial hosting are expressly prohibited. For more information
on multiple user scenarios and virtualization, see Section 1.d below.
b. Subscription Period/License Term. Your
right to use the service/software is limited to the subscription period. You
may have the option to extend your subscription. If you extend your
subscription, you may continue using the service/software until the end of your
extended subscription period. See the software activation screens or other
accompanying materials for subscription details. After the expiration of your
subscription, most features of the service and software will stop running.
c.
Activation.
(i)
How It
Works. Activation associates the use of the service/software with a
specific device. Activation is required for each device to which a software
license is assigned. During activation, the software will automatically contact
Microsoft or its affiliate to confirm that the license is associated with that
device. Because activation is meant to identify unauthorized changes to the
licensing or activation functions of the software, and to otherwise prevent
unlicensed use of the software, you have no right to use the service/software
after the time permitted for activation and you may not bypass or circumvent
activation. If you have not entered a product key during the time permitted for
initial activation, most features of the service and software will stop
running.
(ii)
Connecting
to Microsoft. For more information about activation, see
microsoft.com/piracy/activation.mspx. If the device
is connected to the Internet, the software will automatically connect to
Microsoft for activation. You can also activate the software manually by
Internet. Internet service charges may apply.
(iii)
Re-activation. Some
changes to your device components or the software may require re-activation of
the software.
(iv)
Activation
failure. During online activation, if the licensing or activation
functions of the software are found to be counterfeit or improperly licensed,
activation will fail. The software will notify you if the installed copy of the
software is improperly licensed. In addition, you will receive reminders to obtain
a properly licensed copy of the software.
d.
Multi-Use
Scenarios.
(i)
Device. In this
agreement, “device” means a computer hardware system (whether physical or
virtual) with a storage device or a mobile device capable of running the
software. A hardware partition or blade is considered to be
a device.
(ii)
Multiple
or pooled connections. You may not use hardware or software to multiplex or
pool connections, or otherwise allow multiple users or multiple devices to
access or use the software indirectly through a device.
(iii)
Use in a
virtualized environment. If you use virtualization
software, including client hyper-v, to create one or
more virtual devices on a single computer hardware system, each virtual device,
and the physical device, is considered a separate device for purposes of this
agreement. This license allows you to install only one copy of the software for
use on each device permitted under the installation and use rights above,
whether that device is physical or virtual. If you want to virtualize the
software, you must obtain separate copies of the software and a separate
license for each copy. Content protected by digital rights management
technology or other full-volume disk drive encryption technology may be less
secure in a virtualized environment.
(iv)
Remote
access: As an exception, you may allow others to access the software installed
on your devices remotely and simultaneously from another device only to provide
you with technical support.
2. Additional Licensing
Restrictions and Requirements.
a. Microsoft 365 Military Appreciation Subscription. You
must be a “Qualified Military User” to subscribe to and use the
service/software designated as “Military Appreciation” subscription. To be a
Qualified Military User, in the United States of America, you must be an
authorized patron of the Armed Services Exchanges in accordance with applicable
U.S. Federal statutes and regulations.
b. Canadian Forces Subscription. You
must be a “CANEX Authorized Patron” to subscribe to and use the
service/software designated as “Canadian Forces” subscription. To be a CANEX
Authorized Patron, you must be a
•
Serving
member of the Canadian Forces (CF) or their spouse;
•
Member of
the Canadian Forces Reserve Force;
•
Retired
Canadian Forces member or Department of National Defense (DND) civilian
employee in receipt of a DND pension;
•
Permanent
full-time or part-time Non-Public Fund (NPF) or DND employee or and their
spouse;
•
CANEX
Concessionaire (principals only);
•
Qualifying
foreign military personnel;
•
Retired
NPF employee in receipt of an NPF pension;
•
Full time
employee of Alternative Service Delivery contractors;
•
Widow of
CF personnel receiving a benefit under the Child Family Services Act, Defence Services Pension Contribution Act, or the Pension
Act or the War Veterans Allowance Act;
•
Member of
the Canadian Corps of Commissionaires when residing or employed on a Base/Wing;
or
•
Member of
the Royal Canadian Mounted Police.
c. Home Use Program. You must be a “Home Use Program
User” to subscribe to and use services/software designated as “Home Use
Program.” To be a Home Use Program User, you must be an employee of an
organization that has a Microsoft Volume License agreement with active Software
Assurance or previously had active Software Assurance, or that meets certain
other criteria. For so long as you meet Home Use Program User eligibility
requirements, you may subscribe to and use the service/software for commercial
purposes. If you have questions about whether you qualify as a Home Use Program
User, contact your employer.
d. Not for Resale Subscription. Not for
Resale subscription cards are distributed for limited purposes. You may not
sell subscription cards marked as “NFR” or “Not for Resale.”
e. Font Components. While the software is
running, you may use its fonts to display and print content. You may
temporarily download the fonts to a printer or other output device to print
content, and you may embed fonts in content only as permitted by the embedding
restrictions in the fonts.
3. Reservation of Rights
and Feedback. Except as expressly provided under the
Agreement, Microsoft does not grant you a license or any other rights of any
type under any patents, know-how, copyrights, trade secrets, trademarks or
other intellectual property owned or controlled by Microsoft or any related
entity, including but not limited to any name, trade dress, logo or
equivalents. If you give to Microsoft any idea, proposal, suggestion or
feedback, including without limitation ideas for new products, technologies,
promotions, product names, product feedback and product improvements (“Feedback”),
you give to Microsoft, without charge, royalties or other obligation to you,
the right to make, have made, create derivative works, 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,
technologies or documentation to any third party because Microsoft includes
your Feedback in them.
4. Entire Agreement. This
Supplement (together with terms accompanying any software supplements, updates,
and services that are provided by Microsoft and that you use and any separate
license that may be presented when installing and using the software on a
device), and the terms contained in web links listed in this Supplement, are
the entire agreement for the service and software and any such supplements,
updates, and services (unless Microsoft provides other terms with such
supplements, updates, or services). You can review this Supplement after your
software is running by going to the software Help screen and clicking on the
Microsoft Software License Terms link. You can also review the terms at any of
the links in this agreement by typing the URLs into your browser address bar,
and you agree to do so. You understand that by using the service, you accept
this Supplement and the linked terms. There are also informational links in
this agreement. The links containing terms that bind you and us
are:
·
Microsoft
Services Agreement (aka.ms/msa)
·
Microsoft
Privacy Statement (aka.ms/privacy)
------------------------------------------------------------------------------------------------------------------------------------------
MICROSOFT SOFTWARE LICENSE TERMS
OFFICE
DESKTOP Last
updated October 2018
IF
YOU LIVE IN (OR IF YOUR PRINCIPAL PLACE
OF BUSINESS IS IN) THE UNITED STATES, PLEASE READ THE BINDING
ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 9. IT AFFECTS HOW DISPUTES ARE
RESOLVED.
Thank
you for choosing Microsoft!
Depending on how you obtained the Office software, this is a
license agreement between (i) you and the device
manufacturer or software installer that distributes the software with your
device; or (ii) you and Microsoft Corporation (or, based on where you live or,
if a business, where your principal place of business is located, one of its
affiliates) if you acquired the software from a retailer. Microsoft is the device
manufacturer for devices produced by Microsoft or one of its affiliates, and
Microsoft is the retailer if you acquired the software directly from Microsoft.
This agreement describes your rights and the conditions upon which
you may use the Office software. You should review the entire agreement,
including any supplemental license
terms that accompany the software and any linked terms, because all the
terms are important and together create this agreement that applies to you. You
can review linked terms by pasting the applicable link into a browser window.
By accepting this agreement or using the software, you agree to all of these terms and consent to the transmission of
certain information during activation and during your use of the software
pursuant to the Microsoft Privacy Statement described in Section 4.
If you do not accept and comply with these terms, you may not use the software
or its features. You may
contact the device manufacturer or installer, or your retailer if you purchased
the software directly, to determine its return policy and return the software
or device for a refund or credit under that policy. You must comply with that
policy, which might require you to return the software with the entire device
on which the software is installed for a refund or credit, if any.
1. Overview.
a. Applicability. This
agreement applies to the Office software that is preinstalled on your device,
or acquired from a retailer and installed by you, the media on which you
received the software (if any), any fonts, icons, images or sound files
included with the software, and also any Microsoft updates, upgrades, supplements
or services for the software, unless other terms come with them. If this
agreement contains terms regarding a feature or service not available on your
device, then those terms do not apply.
b. Additional terms. Additional
Microsoft and third party terms may apply to your use
of certain features, services and apps, depending on your device’s
capabilities, how it is configured, and how you use it. Please be sure to read
them.
(i) Some features of
the software provide an access point to, or rely on, online services, and the
use of those services is sometimes governed by separate terms and privacy
policies, such as the Microsoft Services Agreement at (aka.ms/msa). You can view these terms and policies by looking
at the applicable service terms of use. The services may not be available in all
regions.
(ii) The
manufacturer or installer may also preinstall apps, which will be subject to
separate license terms.
(iii) The software may include third party programs
that Microsoft, not the third party, licenses to you under this agreement.
Notices, if any, for the third party program are
included for your information only.
(iv) While the
software is running, you may use its fonts to display and print content. You
may temporarily download the fonts to a printer or other output device to print
content, and you may embed fonts in content only as permitted by the embedding
restrictions in the fonts.
2. Installation and Use Rights.
a. License. The software is licensed, not sold. Under this agreement, we grant you the right
to install (if you acquired the software from a retailer) and run one instance of the software on your
device (the licensed device), for use by one person at a time, but only if you
comply with all the terms of this agreement. Please see Sections 12-14 below for licenses and conditions that
are specific to limited rights versions, certain geographic regions and special editions of the software. Updating or upgrading from
non-genuine software with software from Microsoft or authorized sources does
not make your original version or the updated/upgraded version genuine, and in
that situation you do not have a license to use the
software.
b. Device.
In this agreement, “device” means a hardware system (whether physical or
virtual) with an internal storage device capable of running the software. A
hardware partition or blade is considered to be a
device.
c. Restrictions. The manufacturer or
installer and Microsoft reserve all rights (such as rights under intellectual
property laws) not expressly granted in this agreement. For example, this
license does not give you any right to, and you may not:
(i) use or
virtualize features of the software separately;
(ii) publish, copy, rent, lease, or lend the
software;
(iii) transfer the software (except as permitted by
this agreement);
(iv) work around any technical restrictions or limitations
in the software;
(v) use
the software as server software, for commercial hosting, make the software
available for simultaneous use by multiple users over a network, install
the software on a server and allow users to access it remotely, or install the
software on a device for use only by remote users;
(vi) reverse engineer, decompile, or disassemble
the software, or attempt to do so, except if the laws where you live (or, if a
business, where your principal place of business is located) permit this even
when this agreement does not. In that case, you may do only what your law
allows; or
(vii) when using Internet-based features you may not
use those features in any way that could interfere with anyone else’s use of
them, or to try to gain access to or use any service, data, account, or
network, in an unauthorized manner.
d. Multi use scenarios.
(i) Multiple versions. If when acquiring
the software you were provided with multiple versions
(such as 32-bit and 64-bit versions), you may install and activate only one of
those versions at a time.
(ii) Multiple
or pooled connections. You may not use hardware or software to multiplex or
pool connections, or otherwise allow multiple users or multiple computers or
devices to access or use the software indirectly through the licensed computer.
(iii)
Use in a virtualized environment.
This license allows you to install only one instance of the software for use on
one device, whether that device is physical or virtual. If you want to use the
software on more than one virtual device, you must obtain a separate license
for each instance.
(iv) Remote
access. You may access and use the software installed on the licensed
device from another device using remote access technologies, so long as the
software installed on the licensed device is not being used by another user
simultaneously. Other users, at different times, may access the licensed device
from another device using remote access technologies, but only on devices separately
licensed to run the same or higher edition of this software.
(v) Remote
assistance. You may use remote assistance technologies to share an active
session without obtaining any additional licenses for the software. Remote
assistance allows one user to connect directly to another user’s device,
usually to correct problems.
e. Backup
copy. You may download a backup copy of the software from (office.com/backup)
or order it from Customer Support (aka.ms/mssupport) and may use that backup copy to transfer
the software if it was acquired as stand-alone software from a retailer, as described
below. The right to a backup copy does not apply to Home Use Program software
(see Section 14).
3. Transfer to a Third Party. The provisions of this section do not apply if you
acquired the software in the European Economic Area (EEA) and only transfer it
to another person or entity within the EEA, in which case any transfer of the
software and the right to use it must comply with applicable law.
a. Software
preinstalled on device. If you acquired the software
preinstalled on a device, you may transfer the software directly to another
user, only with the licensed device. The transfer must include the software
and, if provided with the device, an authentic Office label including the
product key. Before any permitted transfer, the other party must agree that
this agreement applies to the transfer and use of the software.
b.
Stand-alone software acquired from a retailer. If you acquired the software from a retailer as stand-alone software,
you may transfer the software to another device that belongs to you, but not
more than one time every 90 days (except due to hardware failure, in which case
you may transfer sooner). If you transfer the software to another device, that
other device becomes the “licensed device.” You may also transfer the software
to a device owned by someone else if (i) you are the
first licensed user of the software and (ii) the new user agrees to the terms
of this agreement. Every time you transfer the software to a new device, you
must remove the software from the prior device. You may not transfer the
software to share licenses between devices.
4. Privacy; Consent to Use of Data. Your privacy is important to us. Some of the
software features send or receive information when using those features. Many
of these features can be enabled or disabled in the user interface, or you can
choose not to use them. By accepting this agreement and using the software you
agree that Microsoft may collect, use, and disclose the information as
described in the Microsoft Privacy Statement available at (aka.ms/privacy),
and as may be described in the user interface associated with the software
features.
5. Authorized Software and Activation.
You are authorized to use this software only if you are properly licensed and
the software has been properly activated with a genuine product key or by other
authorized method. When you connect to the Internet while using the software,
the software will automatically contact Microsoft or its affiliate to confirm
the software is genuine and the license is associated with the licensed device.
Depending on your geographic location, you may also be able to activate the
software manually by Internet or telephone. In either case, transmission of
certain information will occur, and Internet, telephone and SMS service charges
may apply. During activation (or reactivation that may be triggered by changes
to your device’s components), the software may determine that the installed
instance of the software is counterfeit, improperly licensed or includes
unauthorized changes. If activation fails the software
will attempt to repair itself by replacing any tampered Microsoft software with
genuine Microsoft software. If you activated the software by Internet, you may
be required to periodically reconnect to the Internet while using the software
to confirm the license associated with the licensed device; and if you do not
reconnect, the software may operate with reduced functionality. You may also
receive reminders to obtain a proper license for the software. You may not
bypass or circumvent activation. Certain updates, support, and other services
might only be offered to users of genuine Microsoft software.
6.
Updates. The software periodically checks for software
updates, and downloads and installs them for you. You
may obtain updates only from Microsoft or authorized sources, and by accepting this agreement, you agree to
receive these types of automatic updates without any additional notice.
7. Geographic and Export Restrictions. If your software is restricted for use in a particular geographic region, then you may activate the
software only in that region. You must also 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 (aka.ms/exporting).
8. Support and Refund Procedures
a. For software preinstalled on a device. For the software generally, contact the device
manufacturer or installer for support options. Refer to the support number
provided with the software. For updates and supplements obtained directly from
Microsoft, Microsoft may provide limited support services for properly licensed
software as described at (aka.ms/mssupport). If you
are seeking a refund, contact the manufacturer or installer to determine its
refund policies. You must comply with those policies, which might require you
to return the software with the entire device on which the software is
installed for a refund.
b. For software acquired from a retailer. Microsoft provides limited support services for
properly licensed software as described at (aka.ms/mssupport).
If you purchased the software from a retailer and are seeking a refund, and you
cannot obtain one where you acquired the software, contact Microsoft for
information about Microsoft’s refund policies. See (aka.ms/msoffices),
or in North America, call (800) MICROSOFT or see (aka.ms/nareturns).
9. Binding Arbitration and Class Action Waiver Only
if You Live in (or, if a Business, Your Principal Place of Business is in) the
United States. Otherwise, Section 9 is inapplicable.
We
hope we never have a dispute, but if we do, you and we agree to try for 60 days
to resolve it informally. If we can’t, you and we agree to binding individual arbitration before the American Arbitration
Association (“AAA”) 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 and the arbitrator’s decision will be final except
for a limited right of review under the FAA. Class action lawsuits, class-wide arbitrations, private
attorney-general actions, and any other proceeding where someone acts in a
representative capacity aren’t allowed. Nor is combining individual proceedings
without the consent of all parties. “We,” “our,” and “us” includes
Microsoft, the device manufacturer, and software installer.
a. Disputes covered—everything except IP. The term “dispute” is as broad as it can be. It includes any claim
or controversy between you and the manufacturer
or installer, or you and Microsoft, concerning the software, its price, advertising,
marketing, communications, your purchase transaction, billing, or this
agreement, under any legal theory including contract, warranty, tort, statute,
or regulation, except disputes relating
to the enforcement or validity of your, your licensors’, our, or our licensors’
intellectual property rights.
b. Mail a Notice of Dispute first. If you have a dispute and our customer
service representatives can’t resolve it, send a Notice of Dispute by U.S. Mail
to the manufacturer or installer, ATTN: LEGAL DEPARTMENT. If your dispute is
with Microsoft, mail it to Microsoft Corporation, ATTN: CELA ARBITRATION, One
Microsoft Way, Redmond, WA 98052-6399. Tell us your name, address, how to
contact you, what the problem is, and what you want. A form is available at (aka.ms/disputeform). We’ll do the same if we have a dispute with
you. After 60 days, you or we may start an arbitration if the dispute is
unresolved.
c. Small claims court
option. Instead of mailing a Notice of Dispute, you may sue us in small
claims court in your county of residence (or, if a business, your principal
place of business) or our principal place of business—King County, Washington
USA if your dispute is with Microsoft—if you meet the court’s requirements.
d. Arbitration procedure. The
AAA will conduct any arbitration under its Commercial Arbitration Rules (or if
you are an individual and use the software for personal or household use, or if
the value of the dispute is $75,000 USD or less whether or not you are an
individual or how you use the software, its Consumer Arbitration Rules). For
more information, see (aka.ms/adr) or call
1-800-778-7879. To start an arbitration, submit the form available at (aka.ms/arbitration)
to the AAA; mail a copy to the manufacturer or installer (or to Microsoft if
your dispute is with Microsoft). In a dispute involving $25,000 USD or less,
any hearing will be telephonic unless the arbitrator finds good cause to hold
an in-person hearing instead. Any in-person hearing will take place in your
county of residence (or, if a business, your principal place of business) or
our principal place of business—King County, Washington if your dispute is with
Microsoft. You choose. The arbitrator may award the same damages to you
individually as a court could. The arbitrator may award declaratory or
injunctive relief only to you individually to satisfy your individual claim.
Under AAA Rules, the arbitrator rules on his or her own jurisdiction, including
the arbitrability of any claim. But a court has exclusive authority to enforce
the prohibition on arbitration on a class-wide basis or in a representative
capacity.
e. Arbitration fees and payments.
(i) Disputes involving $75,000 USD or less.
The manufacturer or installer (or Microsoft if your dispute is with Microsoft)
will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s
fees and expenses. If you reject our last written settlement offer made before
the arbitrator was appointed, your dispute goes all the way to an arbitrator’s
decision (called an “award”), and the arbitrator awards you more than this last
written offer, the manufacturer or installer (or Microsoft if your dispute is
with Microsoft) will: (1) pay the greater of the award or $1,000 USD; (2) pay
your reasonable attorney’s fees, if any; and (3) reimburse any expenses
(including expert witness fees and costs) that your attorney reasonably accrues
for investigating, preparing, and pursuing your claim in arbitration.
(ii) Disputes involving more than $75,000 USD. The AAA rules will govern
payment of filing fees and the AAA’s and arbitrator’s fees and expenses.
f. Must file within one year. You and we must file in small
claims court or arbitration any claim or dispute (except intellectual property
disputes—see Section 9.a)
within one year from when it first could be filed. Otherwise, it’s permanently
barred.
g. Severability. If any part of Section 9
(Binding Arbitration and Class Action Waiver) is found to be illegal or
unenforceable, the remainder will remain in effect (with an arbitration award
issued before any court proceeding begins), except that if a finding of partial
illegality or unenforceability would allow class-wide or representative
arbitration, Section 9 will be unenforceable in its entirety.
h. Conflict with AAA rules. This agreement
governs if it conflicts with the AAA’s Commercial Arbitration Rules or Consumer
Arbitration Rules.
i. Microsoft
as party or third-party beneficiary. If Microsoft is the device
manufacturer or if you acquired the software from a retailer, Microsoft is a
party to this agreement. Otherwise, Microsoft is not a party but is a
third-party beneficiary of your agreement with the manufacturer or installer to
resolve disputes through informal negotiation and arbitration.
10.
Governing Law. The laws
of the state or country where you live (or, if a business, where your principal
place of business is located) govern all claims and disputes concerning the
software, its price, or this agreement, including breach of contract claims and
claims under state consumer protection laws, unfair competition laws, implied
warranty laws, for unjust enrichment, and in tort, regardless of conflict of
law principles, except that the FAA governs all provisions relating to
arbitration.
11.
Networks, data and Internet usage. Some features of the software and services accessed through the software
may require your device to access the Internet. Your access and usage
(including charges) may be subject to the terms of your cellular or internet
provider agreement. Certain features of the software may help you access the Internet
more efficiently, but the software’s usage calculations may be different from
your service provider’s measurements. You are always responsible for (i) understanding and complying with the terms of your own
plans and agreements, and (ii) any issues arising from using or accessing
networks, including public/open networks. You may use the software to connect
to networks, and to share access information about those networks, only if you
have permission to do so.
12. Limited rights versions. If the software version you
acquired is marked or otherwise intended for a specific or limited use, then
you may only use it as specified. You may not use the following versions of the
software for commercial, non-profit, or revenue-generating activities.
a. Academic or University. For
academic use, you must be a student, faculty or staff of an educational
institution at the time of purchase.
b. Home and Student.
c. Military Appreciation. You must be a “Qualified Military User” to license software marked
as “Military Appreciation” edition. To be a Qualified Military User, in the
United States of America, you must be an authorized patron of the Armed
Services Exchanges in accordance with applicable U.S. Federal statutes and
regulations.
d. Canadian Forces. You must be a “CANEX Authorized Patron” to
license software marked as “Canadian Forces” edition. CANEX Authorized Patrons
are:
· Armed Forces
(CAF) members (Regular and Reserve Force) and their families;
· Veterans
(former members of the CAF) and their families, including families of the
deceased;
· Members of
foreign military currently serving with the CAF and their families;
· Current Staff
of the Non-Public Funds, Canadian Forces (NPF, CF);
· Current staff
of Military Family Resource Centres (MFRCs);
· Current
Department of National Defence (DND) public servants
and their families;
· Serving and
former Royal Canadian Mounted Police (RCMP) and their families;
· Current staff
of Defence Research and Development Canada (DRDC) and
their families;
· Current staff
of Defence Construction Canada (DCC) and their
families;
· Honourary Colonels/Captains(N), Lieutenant Colonels/Commanders
and their families;
· Family members
of the Staff of the NPF, CF; or
· Family
members of the MFRCs.
13.
Consumer Rights; Regional Variations. This agreement describes certain legal rights. You
may have other rights, including consumer rights, under the laws of your state
or country. 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 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. References to “Limited Warranty” are references to
the express warranty provided by Microsoft or the manufacturer or installer.
This warranty is given in addition to other rights and remedies you may have
under law, including your rights and remedies in accordance with the Australian
Consumer Law consumer guarantees. Nothing in this agreement limits or changes
those rights and remedies. In particular:
(i) Microsoft's support and refund policies referred to in Section 8
are subject to the Australian Consumer Law;
(ii) the
Australian Consumer Law consumer guarantees apply to the evaluation and trial
software described in Section 16;
(iii) the
Australian Consumer Law consumer guarantees apply to the software, notwithstanding
the exclusion of express and implied warranties in the section titled 'LIMITED
WARRANTY'; and
(iv) the damage
exclusions and remedy limitations in the section titled 'LIMITED WARRANTY' do
not apply to the Australian Consumer Law consumer guarantees and your rights
and remedies under them.
For more
information on your rights under the Australian Consumer Law, please refer to
the document at (aka.ms/acl).
In this
section, “goods” refers to the software for which Microsoft or the manufacturer
or installer provides the express warranty. Our goods come with guarantees that
cannot be excluded under the Australian Consumer Law. You are entitled to a
replacement or refund for a major failure and compensation for any other
reasonably foreseeable loss or damage. You are also entitled to have the goods
repaired or replaced if the goods fail to be of acceptable quality and the
failure does not amount to a major failure.
b. Canada. You may stop receiving updates on your device by
turning off Internet access. If and when you
re-connect to the Internet, the software will resume checking for and
installing updates.
c. European Union. The academic use restriction in the section above
titled “Limited Rights Versions, Academic or University” may not apply to you.
Your use rights will be compliant with local laws which are subject to change.
d. Germany and Austria.
(i) Warranty.
The properly licensed software will perform substantially as described in any
Microsoft materials that accompany the software. However, the manufacturer or
installer, and Microsoft, give 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, the
manufacturer or installer, or Microsoft is liable according to the statutory
law.
Subject to the preceding sentence, the
manufacturer or installer, or Microsoft will only be liable for slight
negligence if the manufacturer or installer or 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,
the manufacturer or installer or Microsoft will not be liable for slight
negligence.
e. Japan. If you live in Japan, or acquired the software while
you lived in Japan and you acquired the software from a retailer as standalone
software, we grant you the following rights under our licenses provided
that you comply with all the terms of this agreement: you may also install and
use a second copy of the software on a second licensed device for your use as the
licensed user of the first licensed device. If you acquired the software while
you lived in Japan and you acquired the software as preinstalled on a device,
you may download a backup copy of the software from office.com/backup, and you
may use that backup copy solely for the purposes of reinstalling the software
on the same licensed device. The non-commercial use restrictions set forth in
Section 12 do not apply to your use of the software if you live in Japan or
acquired the software while you lived in Japan. Microsoft, not the device manufacturer
or installer, provides limited support services for both software acquired from
a retailer and “PIPC” software acquired in Japan as preinstalled on a device
(see Section 8.b. for more information).
14. Home Use Program. You must be a “Home Use Program User” to use
software designated as “Home Use Program.” To be a Home Use Program User, you
must be both:
·
an employee of
an organization that has a Microsoft Volume License agreement with active Software
Assurance or previously had active Software Assurance and meets certain other
criteria, and
·
the user of a
copy of the software, or a product that includes the software, that is licensed
to your employer under its Volume License agreement.
If you
have questions about whether you qualify as a Home Use Program User, contact
your employer.
15. Language Packs and Proofing Tools. If you acquire a language pack or proofing tool that
offers additional language version support for the software, you may use the
additional languages included in that pack or tool. The language packs and
proofing tools are a part of the software and may not be used separately.
16. Evaluation and Trial. For
evaluation (or test or demonstration) use, you may not sell the software
(including software marked as “NFR” or “Not for Resale”), or
use it after the evaluation period.
Evaluation (or test or demonstration) software may not be used in a live
operating environment. Some software
may be licensed on a trial basis. Your rights to use trial software are limited
to the trial period. The trial software and length of the trial period are set
forth during the download or activation process. You may have the option to
convert your trial rights to subscription or perpetual rights if presented to
you at the expiration of your trial period. After the expiration of a trial
period without conversion, most features of the trial software will stop
running. EVALUATION AND TRIAL SOFTWARE ARE LICENSED “AS-IS,” AND YOU BEAR
THE ENTIRE RISK AS TO THE SOFTWARE’S QUALITY AND PERFORMANCE. SHOULD THE
SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL SERVICING OR REPAIR.
MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE
ADDITIONAL CONSUMER RIGHTS 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.
17. Reservation of Rights and Feedback. Except as expressly provided under this agreement,
Microsoft does not grant you a license or any other rights of any type under
any patents, know-how, copyrights, trade secrets, trademarks or other
intellectual property owned or controlled by Microsoft or any related entity,
including but not limited to any name, trade dress, logo or equivalents. If you
give to Microsoft any idea, proposal, suggestion or feedback, including without
limitation ideas for new products, technologies, promotions, product names,
product feedback and product improvements (“Feedback”), you give to Microsoft,
without charge, royalties or other obligation to you, the right to make, have
made, create derivative works, 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, technologies or
documentation to any third party because Microsoft includes your Feedback in
them.
18. Entire Agreement. This agreement (together with the printed paper
license terms or other terms accompanying any software supplements, upgrades, updates,
and services that are provided by the manufacturer or installer, or Microsoft,
and that you use), and the terms contained in web links listed in this
agreement, are the entire agreement for the software and any such supplements,
updates, upgrades and services (unless the manufacturer or installer, or
Microsoft provides other terms with such supplements, updates, upgrades or
services). You can review this agreement after your software is running by
going to (aka.ms/useterms) or going to File - Account
- About within the software. You can also review the terms at any of the links
in this agreement after your software is running by typing the URLs into a browser
address bar, and you agree to do so. You agree that you will read the terms
before using the software or services, including any linked terms. You
understand that by using the software and services, you ratify this agreement
and the linked terms. There are also informational links in this agreement. The
links containing notices and binding terms are:
· Microsoft Privacy Statement
(aka.ms/privacy)
· Microsoft Services Agreement (aka.ms/msa)
***********************************************************************
LIMITED
WARRANTY – DEVICE MANUFACTURER/INSTALLER
The device manufacturer or installer warrants that properly
licensed software will perform substantially as described in any Microsoft
materials that accompany the software. If you obtain updates or supplements
directly from Microsoft during the 90-day term of this limited warranty,
Microsoft provides this limited warranty for them. This limited warranty does
not cover problems that you cause, that arise when you fail to follow
instructions, or that are caused by events beyond the reasonable control of the
manufacturer or installer, or Microsoft. The limited warranty starts when the
first user of your copy of the software acquires that copy,
and lasts for 90 days. Any supplements, updates, or replacement software
that you may receive from the manufacturer or installer, or Microsoft, during
that 90-day period are also covered, but only for the remainder of that 90-day
period or for 30 days, whichever is longer. Transferring the software license
will not extend the limited warranty.
The manufacturer or installer, and Microsoft, give no other express
warranties, guarantees, or conditions. The
manufacturer or installer, and Microsoft,
exclude all implied warranties and conditions, including those of
merchantability, fitness for a particular purpose, and non-infringement. If
your local law does not allow the exclusion of implied warranties, then any
implied warranties, guarantees, or conditions last only during the term of the
limited warranty and are limited as much as your local law allows. If your
local law requires a longer limited warranty term, despite this agreement, then
that longer term will apply, but you can recover only the remedies this
agreement allows.
If the manufacturer or installer, or Microsoft, breaches its
limited warranty, it will, at its election, either: (i)
repair or replace the software at no charge, or (ii) accept return of the software
(or at its election the device on which the software was preinstalled) for a
refund of the amount paid, if any. The manufacturer or installer (or Microsoft
if you acquired them directly from Microsoft), may also repair or replace
supplements, updates, and replacement of the software or provide a refund of
the amount you paid for them, if any. These are your only remedies for breach
of this limited warranty. If you have any basis for recovering damages from
Microsoft, you can recover only direct damages up to the amount that you paid
for the software (or up to $50 USD if you acquired the software for no charge).
For a refund, you must provide a copy of your proof of purchase and comply
with the manufacturer’s or installer’s return policies. If provided with the
device, the original certificate of authenticity label including the product
key must remain affixed to the device.
Except for any repair, replacement, or refund the manufacturer or
installer, or Microsoft, may provide, you may not under this limited warranty,
under any other part of this agreement, or under any theory recover any damages
or other remedy, including lost profits or direct, consequential, special, indirect, or incidental damages.
The damage exclusions and remedy limitations in this agreement apply even if
repair, replacement or a refund does not fully compensate you for any losses,
if the manufacturer or installer, or Microsoft, knew or should have known about
the possibility of the damages, or if the remedy fails of its essential purpose.
Some states and countries do not allow the exclusion or limitation of
incidental, consequential, or other damages, so those limitations or exclusions
may not apply to you. If your local law allows you to recover damages from
the manufacturer or installer, or Microsoft, even though this agreement does
not, you cannot recover more than you paid for the software (or up to $50 USD
if you acquired the software for no charge).
WARRANTY
PROCEDURES
For service or refund, you must provide your proof of purchase and
comply with the manufacturer’s or installer’s return policies, which might require you to return the
software with the entire device on which the software is installed; the
certificate of authenticity label including the product key (if provided with
your device) must remain affixed..
Contact the manufacturer or installer at the address or toll-free
telephone number provided with your device to find out how to obtain warranty
service for the software. If Microsoft is your device manufacturer or if you
acquired the software from a retailer, contact Microsoft at:
1. United States and
Canada. For limited warranty service or information about how to obtain a
refund for software acquired in the United States or Canada, contact Microsoft
via telephone at (800) MICROSOFT; via mail at Microsoft Customer Service and
Support, One Microsoft Way, Redmond, WA 98052-6399; or visit (aka.ms/nareturns).
2. Europe, Middle East,
and Africa. If you acquired the software in Europe, the Middle East, or
Africa, Microsoft Ireland Operations Limited makes the limited warranty. To
make a claim under the limited warranty, you must contact either Microsoft
Ireland Operations Limited, Customer Care Centre, Atrium Building Block B, Carmanhall Road, Sandyford Industrial Estate, Dublin 18,
Ireland, or the Microsoft affiliate serving your country (aka.ms/msoffices).
3. Australia. If you
acquired the software in Australia, contact Microsoft to make a claim at 13 20
58; or Microsoft Pty Ltd, 1 Epping Road, North Ryde NSW 2113 Australia.
4. Other countries.
If you acquired the software in another country, contact the Microsoft affiliate
serving your country (aka.ms/msoffices).
***********************************************************************
LIMITED WARRANTY – RETAIL
Microsoft
warrants that properly licensed software will perform substantially as
described in any Microsoft materials that accompany the software. This limited
warranty does not cover problems that you cause, or that arise when you fail to
follow instructions, or that are caused by events beyond Microsoft’s reasonable
control. The limited warranty starts when the first user of your copy of the
software acquires that copy, and lasts for one year.
Any supplements, updates, or replacement software that you may receive from
Microsoft during that year are also covered, but only for the remainder of that
one-year period or for 30 days, whichever is longer. Transferring the software
will not extend the limited warranty.
Microsoft
gives no other express warranties, guarantees, or conditions. Microsoft
excludes all implied warranties and conditions, including those of merchantability,
fitness for a particular purpose, and non-infringement. If your local law does
not allow the exclusion of implied warranties, then any implied warranties,
guarantees, or conditions last only during the term of the limited warranty and
are limited as much as your local law allows. If your local law requires a
longer limited warranty term, despite this agreement, then that longer term
will apply, but you can recover only the remedies this agreement allows.
If
Microsoft breaches its limited warranty, it will, at its election, either: (i) repair or replace the software at no charge, or (ii)
accept return of the software (or at its election the Microsoft branded device
on which the software was preinstalled) for a refund of the amount paid, if any.
These are your only remedies for breach of
this limited warranty. This limited warranty gives you specific
legal rights, and you may also have other rights which vary from state to state
or country to country.
Except for any repair,
replacement, or refund Microsoft may provide, you may not recover under this limited warranty, under any other part of
this agreement, or under any theory, any damages or other remedy, including lost
profits or direct, consequential, special, indirect, or incidental damages.
The damage exclusions and remedy limitations in this agreement apply even if
repair, replacement or a refund does not fully compensate you for any losses,
if Microsoft knew or should have known about the possibility of the damages, or
if the remedy fails of its essential purpose. Some states and countries do not
allow the exclusion or limitation of incidental, consequential, or other
damages, so those limitations or exclusions may not apply to you. If your
local law allows you to recover damages from Microsoft even though this
agreement does not, you cannot recover more than you paid for the software (or
up to $50 USD if you acquired the software for no charge).
WARRANTY PROCEDURES
For
service or a refund you must provide a
copy of your proof of purchase and comply with Microsoft’s return policies,
which might require you to uninstall the software and return it to Microsoft or
return the software with the entire Microsoft branded device on which the software
is installed; the certificate of authenticity label including the
product key (if provided with your device) must remain affixed.
1. United States and Canada. For
limited warranty service or information about how to obtain a refund for
software acquired in the United States or Canada, contact Microsoft via
telephone at (800) MICROSOFT; via mail at Microsoft Customer Service and
Support, One Microsoft Way, Redmond, WA 98052-6399; or visit (aka.ms/nareturns).
2. Europe, Middle East, and Africa.
If you acquired the software in Europe, the Middle East, or Africa, Microsoft
Ireland Operations Limited makes the limited warranty. To make a claim under
the limited warranty, you must contact either Microsoft Ireland Operations
Limited, Customer Care Centre, Atrium Building Block B, Carmanhall
Road, Sandyford Industrial Estate, Dublin 18, Ireland, or the Microsoft
affiliate serving your country (aka.ms/msoffices).
3. Australia. If you acquired the
software in Australia, contact Microsoft to make a claim at 13 20 58; or
Microsoft Pty Ltd, 1 Epping Road, North Ryde NSW 2113 Australia.
4. Other countries. If you acquired
the software in another country, contact the Microsoft affiliate serving your
country (aka.ms/msoffices).
------------------------------------------------------------------------------------------------------------------------------------------
Enterprise Customers: If you are an Enterprise
customer, the below terms do not apply to you, and your use of the subscription
service/software is subject to the terms and conditions of the volume license
agreement you agreed to when you signed up for the subscription and by which
you acquired the license for the software.
You may not use the service/software if you have not validly acquired a
license from Microsoft or its licensed distributors. If your organization is a Microsoft customer,
it has enabled you to use certain connected services in Microsoft 365. You may
also have access to other connected services from Microsoft, which are covered
by separate terms and privacy commitments.
Learn more about Microsoft’s other connected services at
https://support.office.com/article/92c234f1-dc91-4dc1-925d-6c90fc3816d8.
SUPPLEMENT AND AMENDMENT TO MICROSOFT SERVICES
AGREEMENT
MICROSOFT 365 CONSUMER SUBSCRIPTION SERVICE
AND SOFTWARE AVAILABLE THROUGH APPLE’S STORE FOR MAC DEVICES
Last
updated April 2020
Thank you for choosing a Microsoft 365 Consumer
Subscription!
Your use of the Microsoft 365 Consumer
Subscription service and software is governed by the terms and conditions of
the Microsoft Services Agreement you agreed to when you signed up for a
Microsoft Account (linked below) and the terms and conditions of this
Supplement and Amendment (collectively, “Agreement”), which with other terms
contained in web links listed in this Supplement and Amendment (if any) are an
agreement between you and Microsoft Corporation (or, based on where you live,
one of its affiliates). You
should review this entire Supplement and Amendment (“Supplement”), including
any linked terms, because all the terms are important and create this contract
that applies to you. You can review linked terms by pasting the applicable link
into your browser window. In the event of any conflict between the Microsoft
Services Agreement and this Supplement, this Supplement will govern as to your use
of an Microsoft 365 Consumer Subscription made
available to you through Apple’s store for macOS devices.
By accepting this Supplement or using the service and software,
you agree to all these terms and consent to the transmission of certain
information during activation and during your use of the software pursuant to
the Microsoft Privacy Statement described in the Microsoft Services Agreement
and linked below in this Supplement. If you do not accept and comply with these
terms, you may not use the service, software or their features.
1. Installation
and Use Rights; Activation.
a. License; Number of Users and Devices Signed
In; Other Requirements. The software is
licensed, not sold. Provided that you comply with all the terms of the
Agreement, we grant you the right to install and run copies of the software on macOS
devices you own or control as permitted by Apple’s store usage rules, and for
your personal use, as follows:
I.
Microsoft 365 Family. For use by you and five (5) additional members of
your household (up to six users total).
II. Microsoft 365 Personal. For use by you only. The non-commercial use restriction set forth in
the Microsoft Services Agreement does not apply to users who
live in Japan or acquired their subscription to the service/software while they
lived in Japan.
III. Devices Signed In. You may uninstall the
software and install it on another device for your use. There may be technical limits
on the number of devices that can be signed in by a user concurrently to use
the service/software, as described in the help article found at https://go.microsoft.com/fwlink/?linkid=874481.
IV. Other Requirements. Except as permitted under
Section 1.a(i) above, only one person at a time may
use the service/software on each device. The service/software
may not be used for commercial, non-profit, or revenue-generating activities. The components of the software
are licensed as a single unit, and you may not separate or virtualize the
components and install them on different devices. Except for the permitted use
described under “Remote Access” below, this license is for direct use of the
software only through the input mechanisms of a device, such as a keyboard,
mouse, or touchscreen. Installation of
the software on a server or for use by or through other devices connected to
the server over an internal or external network and commercial hosting are
expressly prohibited. For more information on multiple user scenarios and
virtualization, see Section 1.d below.
V. Third Party Terms of Agreement. You must comply with applicable third party
terms of agreement when using the service/software.
b. Subscription
Period/License Term. Your
right to use the service/software is limited to the subscription period. You may have the option to extend your
subscription. If you extend your subscription, you may continue using the service/software
until the end of your extended subscription period. See the software activation
screens or other accompanying materials for subscription details. After the
expiration of your subscription, most features of the service/software will
stop running.
I.
How
It Works. Activation associates the use of the service/software
with a specific device. Activation is
required for each device to which a software license is assigned. During
activation, the software will automatically contact Microsoft or its affiliate
to confirm that the license is associated with that device. Because activation
is meant to identify unauthorized changes to the licensing or activation
functions of the software, and to otherwise prevent unlicensed use of the
software, you have no right to use the service/software after the time
permitted for activation and you may not bypass or circumvent activation. If you have not entered a product key during
the time permitted for initial activation, most features of the service/software
will stop running.
II.
Connecting
to Microsoft. For more information about activation, see microsoft.com/piracy/activation.mspx. If the device is connected to the
Internet, the software will automatically connect to Microsoft for activation.
You can also activate the software manually by Internet. Internet service
charges may apply.
III.
Re-activation.
Some changes to your device components or the software may require
re-activation of the software.
IV.
Activation
failure. During online activation, if the licensing or
activation functions of the software are found to be counterfeit or improperly
licensed, activation will fail. The software will notify you if the installed
copy of the software is improperly licensed. In addition, you will receive
reminders to obtain a properly licensed copy of the software.
d. Multi-Use Scenarios.
I.
Device. In this
agreement, “device” means a computer hardware system (whether physical or
virtual) with a storage device or a mobile device capable of running the
software. A hardware partition or blade is considered to be
a device.
II.
Multiple or
pooled connections. You may not use hardware or software
to multiplex or pool connections, or otherwise allow multiple users or multiple
devices to access or use the software indirectly through a device.
III.
Use
in a virtualized environment. If you use virtualization software,
including client hyper-v, to create one or more
virtual devices on a single computer hardware system, each virtual device, and
the physical device, is considered a separate device for purposes of this
agreement. This license allows you to install only one copy of the software for
use on each device permitted under the installation and use rights above,
whether that device is physical or virtual.
If you want to virtualize the software, you must obtain separate copies
of the software and a separate license for each copy. Content protected by digital rights management technology or
other full-volume disk drive encryption technology may be
less secure in a virtualized environment.
IV.
Remote
access: As an exception, you may allow others to access the
software installed on your devices remotely and simultaneously from another
device only to provide you with technical support.
2. Additional
Licensing Restrictions and Requirements.
a. Microsoft
365 Military Appreciation Subscription.
You must be a “Qualified Military User” to subscribe to and use the service/software
designated as “Military Appreciation” subscription. To be a Qualified Military User, in the United
States of America, you must be an authorized patron of the Armed Services
Exchanges in accordance with applicable U.S. Federal statutes and regulations.
b. Canadian Forces Subscription. You must be a “CANEX Authorized Patron” to subscribe
to and use the service/software designated as “Canadian Forces” subscription.
To be a CANEX Authorized Patron, you must be a
· Serving
member of the Canadian Forces (CF) or their spouse;
· Member of the
Canadian Forces Reserve Force;
· Retired
Canadian Forces member or Department of National Defense (DND) civilian
employee in receipt of a DND pension;
· Permanent
full-time or part-time Non-Public Fund (NPF) or DND employee or and their spouse;
· CANEX
Concessionaire (principals only);
· Qualifying
foreign military personnel;
· Retired NPF
employee in receipt of an NPF pension;
· Full time
employee of Alternative Service Delivery contractors;
· Widow of CF
personnel receiving a benefit under the Child Family Services Act, Defence Services Pension Contribution Act, or the Pension
Act or the War Veterans Allowance Act;
· Member of the
Canadian Corps of Commissionaires when residing or employed on a Base/Wing; or
· Member of the
Royal Canadian Mounted Police.
c. Home
Use Program. You must be a “Home Use Program User” to subscribe
to and use service/software designated as “Home Use Program.” To be a Home Use
Program User, you must be an employee of an organization that has a Microsoft
Volume License agreement with active Software Assurance or previously had
active Software Assurance, or that meets certain other criteria. For so long as
you meet Home Use Program User eligibility requirements, you may subscribe to
and use the service/software for commercial purposes. If you have questions
about whether you qualify as a Home Use Program User, contact your employer.
d. Not for Resale Subscription. Not
for Resale subscription cards are distributed for limited purposes. You may not
sell subscription cards marked as “NFR” or “Not for Resale.”
e. Font Components. While
the software is running, you may use its fonts to display and print
content. You may temporarily download the fonts to a printer or other
output device to print content, and you may embed fonts in content only as
permitted by the embedding restrictions in the fonts.
3. Payment Terms.
The provisions of the section titled “Payment Terms” of the Microsoft Services
Agreement are not applicable to this Supplement; as such, that section is
deleted in entirety.
4. Legal Compliance.
You represent and warrant that (i) you are not
located in a country that is subject to a U.S. Government embargo, or that has
been designated by the U.S. Government as a “terrorist supporting” country; and
(ii) you are not listed on any U.S. Government list of prohibited or restricted
parties.
5. Support Services.
You acknowledge that Apple has no obligation whatsoever to furnish any
maintenance and support services with respect to the service/software.
6. 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.
7. Product Claims and Intellectual
Property Rights. Microsoft, not Apple, is responsible for
addressing any claims relating to the service/software or your possession
and/or use of the service/software. In the event of any third party claim that
the service/software or your possession and use of that service/software
infringes that third party’s intellectual property rights, Microsoft, not
Apple, will be solely responsible for the investigation, defense, settlement
and discharge of any such intellectual property infringement claim.
8. Disclaimer of Warranty. The following provisions are added to the
section titled “Warranties” of the Microsoft Services Agreement: 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.
9. Limitation
of Liability. The following replaces the entire section
titled “Limitation of Liability” of the Microsoft Services Agreement: If
you have any basis for recovering damages (including breach of these Terms),
you agree that your exclusive remedy is to recover, from Apple, Microsoft or
any of Microsoft’s affiliates, resellers, distributors, Third-Party Apps and
Services providers, and vendors, direct damages up to an amount equal to your
Services fee for the month during which the loss or breach occurred (or up to
$10.00 if the Services are free). You can't recover any other damages or
losses, including direct, consequential, lost profits, special, indirect,
incidental, or punitive. These limitations and exclusions apply even if this
remedy doesn't fully compensate you for any losses or fails of its essential
purpose or if Microsoft or Apple knew or should have known about the
possibility of the damages. To the
maximum extent permitted by law, these limitations and exclusions apply to
anything or any claims related to these Terms, the Services, or the service/software
related to the Services.
10. Contact
Information. If
you have questions, complaints or claims with respect to the service/software,
please contact the Microsoft affiliate serving your country (see https://aka.ms/msoffices).
11. Entire Agreement. This
Supplement (together with terms accompanying any software supplements, updates,
and services that are provided by Microsoft and that you use), and the
terms contained in web links listed in this Supplement, are the entire
agreement for the service and software and any such supplements, updates, and
services (unless Microsoft provides other terms with such supplements, updates,
or services). You can review this Supplement after your software is running by
going to the software About screen and clicking on the Microsoft License Terms
link. You can also review the terms at any of the links in this agreement by
typing the URLs into your browser address bar, and you agree to do so. You
understand that by using the service, you accept this Supplement and the linked
terms. There are also informational links in this agreement. The links
containing terms that bind you and us are:
· Microsoft Services Agreement (aka.ms/msa)
· Microsoft Privacy Statement (aka.ms/privacy)