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 and improve Microsoft’s products and
services. Your opt-out rights, if any, are described in the product
documentation. 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.
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.
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.
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.