Software License Terms
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13. Additional Notices.
a. 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.
b. H.264/AVC and MPEG-4 visual standards and VC-1 video standards.
The software may include H.264/MPEG-4 AVC and/or VC-1 decoding
technology. MPEG LA, L.L.C. requires this notice:
THIS PRODUCT IS LICENSED UNDER THE AVC, THE VC-1, AND THE MPEG-4
PART 2 VISUAL PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND
NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE
WITH THE ABOVE STANDARDS (“VIDEO STANDARDS”) AND/OR (ii) DECODE AVC,
VC-1, AND MPEG-4 PART 2 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED
IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A
VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NO LICENSE IS GRANTED
OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE
OBTAINED FROM MPEG LA, L.L.C. SEE (AKA.MS/MPEGLA).
c. Malware protection. Microsoft cares about protecting your device
from malware. The software will turn on malware protection if other
protection is not installed or has expired. To do so, other
antimalware software will be disabled or may have to be removed.
d. 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 such versions of the
software for commercial, non-profit, or revenue-generating
activities.
(i) Academic. For academic use, you must be a student, faculty or
staff of an educational institution at the time of purchase.
(ii) Evaluation. For evaluation (or test or demonstration) use, you
may not sell the software, use it in a live operating environment,
or use it after the evaluation period. Notwithstanding anything to
the contrary in this Agreement, evaluation software is provided “AS
IS”.
(iii) NFR. You may not sell software marked as “NFR” or “Not for
Resale”.
14. Entire Agreement. This agreement (together with the printed
paper license terms or other terms accompanying any software
supplements, 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,
and services (unless the manufacturer or installer, or Microsoft,
provides other terms with such supplements, updates, or services).
You can review this agreement after your software is running by
going to (aka.ms/useterms) or going to Settings - System - About
within the software. You can also review the terms at any of the
links in this agreement 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:
· Windows 10 Privacy Statement (aka.ms/privacy)
· Microsoft Services Agreement (aka.ms/msa)
· Adobe Flash Player License Terms (aka.ms/adobeflash)
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LIMITED WARRANTY
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, 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 acquires the software, 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 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 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, 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).
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