MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT 365, WORD, EXCEL, AND POWERPOINT FOR ANDROID AND iOS/ iPadOS / visionOS
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 / vIsionOS USERS, INSTEAD, RETURN IT TO APPLE INC. ("APPLE") FOR A REFUND OR CREDIT IF APPLICABLE.
INSTALLATION AND USE RIGHTS.
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.
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.
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.
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.
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 our products and services. You may opt-out of many of these scenarios, but not all, as described in the product documentation. There are also some features in the software that may enable you to collect data from users of your applications. If you use these features to enable data collection in your applications, you must comply with applicable law, including providing appropriate notices to users of your applications. You can learn more about data collection and use in the help documentation and the privacy statement at https://aka.ms/privacy. Your use of the software operates as your consent to these practices.
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.
TRANSFER TO ANOTHER DEVICE (iOS/ iPadOS / visionOS USERS ONLY). iOS/ iPadOS / visionOS users may uninstall the software and install it on another device for their use but may not share this license on multiple devices.
H.264/AVC VISUAL STANDARD, AND THE VC-1 VIDEO STANDARD. This software may include H.264/AVC and/or VC-1 compression technology. MPEG LA, L.L.C. requires this notice:
For clarification purposes, this notice does not limit or inhibit the use of the software for normal business uses that are personal to that business which do not include ( i ) redistribution of the software to third parties, or (ii) creation of content with the VIDEO STANDARDS compliant technologies for distribution to third parties.
H.265/HEVC VIDEO STANDARD. The software may include H.265/HEVC coding technology. Access Advance LLC requires this notice:
IF INCLUDED, THE H.265/HEVC TECHNOLOGY IN THIS SOFTWARE IS COVERED BY ONE OR MORE CLAIMS OF THE HEVC PATENTS LISTED AT: PATENTLIST.ACCESSADVANCE.COM. DEPENDING ON HOW YOU OBTAINED THE SOFTWARE, THIS PRODUCT MAY BE LICENSED UNDER THE HEVC ADVANCE PATENT PORTFOLIO.
LEGAL COMPLIANCE. You represent and warrant that (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
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.
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.
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.
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.
THIRD PARTY BENEFICIARY (iOS/ iPadOS / visionOS USERS ONLY). iOS/ iPadOS / visionOS users agree that Apple and its subsidiaries are third party beneficiaries of this agreement, and Apple has the right to enforce this agreement.
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.
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 / visionOS 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.
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 / visionOS 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 / visionOS 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 �tant distribu� au Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en fran�ais .
EXON�RATION DE GARANTIE. Le logiciel vis� par une licence est offert � tel quel �. Toute utilisation de ce logiciel est � votre seule risque et p�ril . Microsoft n�accorde aucune autre garantie expresse . Vous pouvez b�n�ficier 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 qualit� marchande , d�ad�quation � un usage particulier et d�absence de contrefa�on sont exclues .
LIMITATION DES DOMMAGES-INT�R�TS ET EXCLUSION DE RESPONSABILIT� POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement � hauteur de 5,00 $ US. Vous ne pouvez pr�tendre � aucune indemnisation pour les autres dommages , y compris les dommages sp�ciaux , indirects ou accessoires et pertes de b�n�fices .
Cette limitation concerne :
� tout ce qui est reli� au logiciel , aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers; et
� les r�clamations au titre de violation de contrat ou de garantie , ou au titre de responsabilit� stricte , de n�gligence ou d�une autre faute dans la limite autoris�e par la loi en vigueur .
Elle s�applique �galement , m�me si Microsoft connaissait ou devrait conna�tre l��ventualit� d�un tel dommage . Si votre pays n�autorise pas l�exclusion ou la limitation de responsabilit� 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 � votre �gard .
EFFET JURIDIQUE. Le pr�sent contrat d�crit certains droits juridiques . Vous pourriez avoir d�autres droits pr�vus par les lois de votre pays. Le pr�sent contrat ne modifie pas les droits que vous conf�rent les lois de votre pays si celles -ci ne le permettent pas.