Last updated April 2024

MICROSOFT SOFTWARE LICENSE TERMS

WINDOWS OPERATING SYSTEM

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 11. IT AFFECTS HOW DISPUTES ARE
RESOLVED.

Thank you for choosing Microsoft!

Depending on how you obtained the Windows 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. If you
are a volume license customer, use of this software is subject to your volume
license agreement rather than this agreement.

This agreement describes your rights, obligations, and the conditions upon which
you may use the Windows software. You should review the entire agreement,
including any supplemental license terms that accompany the software and any
linked terms, because all of the terms are important and together create this
agreement that applies to you. You can review linked terms by pasting the
(aka.ms/) 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 as per the privacy
statement described in Section 3. 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 Windows 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. It also applies to Windows apps
 developed by Microsoft that provide functionality such as mail, contacts,
music, and photos that are included with Windows, unless other terms
apply. If this agreement contains terms regarding a feature or service not
available on your device, 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 read
them.

(i) Some Windows apps 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 https://aka.ms/msa. You can view these terms and
policies by looking at the service terms of use or the app’s settings,
as applicable. The services may not be available in all regions.

(ii) Microsoft, or the device manufacturer or installer may include

additional apps, which will be subject to separate license terms and
privacy policies.

(iii) The software may include third-party programs that are licensed to
you under this agreement, or under their own terms. License terms,
notices and acknowledgements, if any, for the third-party programs
can be viewed at https://aka.ms/thirdpartynotices.

(iv) To the extent included with Windows, Word, Excel, PowerPoint and
OneNote are licensed for your personal, non-commercial use, unless
you have commercial use rights under a separate agreement.

2. Installation and Use Rights.

a. License. The software is licensed, not sold. Under this agreement, we

grant you the right to install and run one instance of the software on your
device (the licensed device), for use by one person at a time, so long as
you comply with the terms and restrictions contained in this agreement.
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 local 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. For purposes of this agreement, “device” does not include any
hardware system (whether physical or virtual) on which the software is
installed or accessed solely for remote use over a network.
c. Restrictions. The device manufacturer or installer and Microsoft reserve
all rights (such as rights under intellectual property laws) not expressly
granted in this agreement and no other rights are licensed to you. For the
avoidance of doubt, this license does not give you any right to, and you
may not (and you may not permit any other person or entity to):

(i) use or virtualize features of the software separately;

(ii) publish, copy (other than the permitted backup 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 or to operate the device as a

server, except as permitted under Section 2(d)(iii) below; use the
software to offer commercial hosting services; make the software
available for simultaneous use by more than one user over a
network, except as permitted under Section 2(d)(vi) below; install the
software on a server for remote access or use over a network; 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 and only to the extent that the foregoing
restriction is (a) permitted by applicable law; (b) permitted by
licensing terms governing the use of open-source components that
may be included with the software; or (c) required to debug changes
to any libraries licensed under the GNU Lesser General Public License
that are included with and linked to by the software; and

(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. Hardware or software you use to

multiplex or pool connections, or reduce the number of devices or
users that access or use the software, does not reduce the number of
licenses you need. You may only use such hardware or software if
you have a license for each instance of the software you are using.

(iii) Device connections. You may allow up to 20 other devices to

access the software installed on the licensed device solely to use the
 following software features for personal or internal purposes: file
services, print services, Internet information services, and Internet
connection sharing and telephony services on the licensed device.
You may allow any number of devices to access the software on the
licensed device to synchronize data between devices. This subsection
does not mean, however, that you have the right to install the
software, or use the primary function of the software (other than the
features listed in this subsection), on any of these other devices.

(iv) 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.

(v) Remote access. No more than once every 90 days, you may
designate a single user who physically uses the licensed device as
the licensed user. The licensed user may access the licensed device
from another device using remote access technologies for a period of
up to 365 days from the last physical use. 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.

(vi) 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 computer, usually to correct problems.

e. Backup copy. You may make a single copy of the software for backup
purposes, and may also use that backup copy to transfer the software if it
was acquired as stand-alone software, as described in Section 4 below.

3. 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 switched off 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 at https://aka.ms/privacy, and as
may be described in the user interface associated with the software features.

4. Transfer. The provisions of this section do not apply if you acquired the
software in Germany or in any of the countries listed on this site
https://aka.ms/transfer, in which case any transfer of the software to a third
party, 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 (and also if you upgraded from software
preinstalled on a device), you may transfer the license to use 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
Windows 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. If you acquired the software as stand-alone

software (and also if you upgraded from software you acquired as stand-
alone software), you may transfer the software to another device that
belongs to you. 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. You may use the
backup copy we allow you to make or the media that the software came
on to transfer the software. 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.

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 conduct activation to associate
it with a certain device. You can also 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. You may also
receive reminders to obtain a proper license for the software. Successful
activation does not confirm that the software is genuine or properly licensed.
You may not bypass or circumvent activation. To help determine if your
software is genuine and whether you are properly licensed, see
https://aka.ms/genuine. Certain updates, support, and other services might be
offered only to users of genuine Microsoft software.

6. Updates. The software periodically checks for system and app updates, and
downloads and installs them for you. You may obtain updates only from
Microsoft or authorized sources, and Microsoft may need to update your
system to provide you with those updates. By accepting this agreement or
using the software, you agree to receive these types of automatic updates
without any additional notice.

7. Hardware Specifications; Downgrade Rights.

a. Hardware Specifications. Certain versions of the Windows software

are only compatible with hardware that meets specified system
 requirements as indicated by Microsoft from time to time and available at
https://aka.ms/minhw.

b. Downgrade Rights. If you acquired a device from a manufacturer or

installer with a Professional version of Windows preinstalled on it and it is
configured to run in full feature mode, you may downgrade to an
equivalent edition on a prior version of Windows Professional, but only for
so long as Microsoft provides support for that earlier version as set forth
at https://aka.ms/windowslifecycle, and supports that earlier version on
your hardware as set forth at https://aka.ms/minhw. This agreement
applies to your use of the earlier versions. If the earlier version includes
different components, any terms for those components in the agreement
that comes with the earlier version apply to your use of such components.
Neither the device manufacturer or installer, nor Microsoft, is obligated to
supply earlier versions to you. You must obtain the earlier version
separately, for which you may be charged a fee. At any time, you may
replace an earlier version with the version you originally acquired.

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 https://aka.ms/exporting.

9. Warranty, Disclaimer, Remedy, Damages, and Procedures.

a. Limited Warranty. Depending on how you obtained the Windows

software, Microsoft, or the device manufacturer or installer, 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 the reasonable control
of Microsoft, or the device manufacturer or installer. The limited warranty
starts when the first user acquires the software, and lasts for one year if
acquired from Microsoft, or for 90 days if acquired from a device
manufacturer or installer. If you obtain updates or supplements directly
from Microsoft during the 90-day term of the device manufacturer’s or
installer’s limited warranty, Microsoft provides the limited warranty for
those updates or supplements. 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 if acquired
from Microsoft, or for 90 days if acquired from a device manufacturer or
installer, or for 30 days, whichever is longer. Transferring the software will
not extend the limited warranty.

b. Disclaimer. Neither Microsoft, nor the device manufacturer or installer,

gives any other express warranties, guarantees, or conditions. Microsoft
and the device manufacturer and installer 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.

c. Limited Remedy. If Microsoft, or the device manufacturer or installer,

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 device 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 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.

d. Damages. Except for any repair, replacement, or refund that

Microsoft, or the device manufacturer or installer, 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 Microsoft, or the
device manufacturer or installer, 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, or the device manufacturer or
installer, 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).

e. Warranty and Refund Procedures. For service or refund, you must

provide a copy of your proof of purchase and comply with Microsoft’s
return policies if you acquired the software from Microsoft, or the device
manufacturer’s or installer’s return policies if you acquired the software
from a device manufacturer or installer. If you purchased stand-alone
software, those return policies might require you to uninstall the software
and return it to Microsoft. If you acquired the software pre-installed on a
device, those return policies may require return of 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 device 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:

(i) United States and Canada. Via telephone at (800) MICROSOFT; via
mail at Microsoft Customer Service and Support, One Microsoft Way,
Redmond, WA 98052-6399; or visit https://aka.ms/nareturns.

(ii) Europe, Middle East, and Africa. Via mail at Microsoft Ireland
Operations Limited, Customer Care Centre, One Microsoft Place,
South Country Business Park, Leopardstown, Dublin 18, Ireland; or
visit https://aka.ms/mssupport.

(iii) Australia. Via telephone at 13 20 58; via mail at Microsoft Pty Ltd, 1
Epping Road, North Ryde NSW 2113 Australia; or visit
https://aka.ms/mssupport.

(iv) Other countries. Contact the Microsoft affiliate serving your country
at https://aka.ms/mssupport.

10. Support.

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
https://aka.ms/mssupport.

b. For software acquired from a retailer. Microsoft provides limited

support services for properly licensed software as described at
https://aka.ms/mssupport.

11. Binding Arbitration and Class Action Waiver if You Live in (or, if a
Business, Your Principal Place of Business is in) the United States.

We hope we never have a dispute, but if we do, you and we agree to try for 60
days, upon receipt of a Notice of Dispute, 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, request for public
injunctions, and any other proceeding or request for relief 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, software
installer, and our affiliates.

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 device manufacturer or installer, or you and Microsoft, concerning the
software (or software to which this agreement applies including Microsoft
Edge and other Windows apps), its price, 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. Send a Notice of Dispute before arbitration. If you have a dispute

that our customer service representatives can’t resolve and you wish to
pursue arbitration, you must first send an individualized Notice of Dispute
by U.S. Mail to the device manufacturer or installer, ATTN: LEGAL
DEPARTMENT. If your dispute is with Microsoft, you must first mail it to
Microsoft Corporation, ATTN: CELA ARBITRATION, One Microsoft Way,
Redmond, WA 98052-6399, or submit the form electronically. The Notice
of Dispute form is available at https://go.microsoft.com/fwlink/?
LinkId=245499. Complete that form in full, with all the information it
requires. We’ll do the same if we have a dispute with you. This Notice of
Dispute is a prerequisite to initiating any arbitration. Any applicable
statute of limitations will be tolled from the date of a properly submitted
individualized Notice of Dispute through the first date on which an
arbitration may properly be filed under this Section 11.

c. Small claims court option. Instead of sending a Notice of Dispute,

either you or we may sue the other party in small claims court seeking
only individualized relief, so long as the action meets the small claims
court’s requirements and remains an individual action seeking
individualized relief. The small claims court must be in your county of
residence (or, if a business, your principal place of business).

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
less than $75,000 USD whether or not you are an individual or how you
use the software, its Consumer Arbitration Rules). For more information,
see https://aka.ms/adr. This agreement governs to the extent it
conflicts with any applicable AAA rules. To initiate an arbitration,
submit the Demand for Arbitration form available at
https://go.microsoft.com/fwlink/?LinkId=245497to the AAA and mail a
copy to the device manufacturer or installer (or to Microsoft if your dispute
is with Microsoft). The form must contain information that is specific to
you and your claim. In a dispute involving $25,000 USD or less, any
 hearing will be telephonic or by videoconference 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). 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, but not relief that would affect non-parties.

The arbitrator rules on all issues except that a court has exclusive
authority: (i) to decide arbitrability, as well as formation, existence, scope,
validity, and enforceability of this arbitration agreement; (ii) to decide
whether the parties have complied with the pre-arbitration requirements
(including the individualized Notice of Dispute and Demand for Arbitration
forms); (iii) to enforce the prohibition on class, representative, private
attorney-general, or combined actions or proceedings, or public injunctive
relief; and (iv) to enjoin an arbitration from proceeding if it does not
comply with this agreement.
If your Notice of Dispute involves claims similar to those of at least 24
other customers, and if you and those other customers are represented by
the same lawyers, or by lawyers who are coordinating with each other,
you and we agree that these claims will be “Related Cases.” Related Cases
may only be filed in batches of up to 50 individual arbitrations at a time,
and those individual arbitrations will be resolved in the following manner:
(i) for the first batch, each side may select up to 25 of these Related Cases
to be filed and resolved in individual arbitrations under this Section 11; (ii)
none of the other Related Cases may be filed or prosecuted in arbitration
until the first batch of up to 50 individual arbitrations is resolved; and (iii)
if, after that first batch, the parties are unable to informally resolve the
remaining Related Cases, a second batch of Related Cases may be filed,
where each side may select up to 25 of the Related Cases to be resolved
in individual arbitrations under this Section 11. This process of batched
individual arbitrations will continue until the parties resolve all Related
Cases informally or through individual arbitrations. A court has exclusive
authority to enforce this paragraph, including whether it applies to a given
set of claims, and to enjoin the filing or prosecution of arbitrations that do
not comply with this paragraph.
e. Arbitration fees and payments.

(i) Disputes involving less than $75,000 USD. The device

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: (i) the dispute involves less
than $75,000; and before initiating arbitration (ii) you complied with
all pre-arbitration requirements in this Section 11, including, if
applicable, the Related Cases paragraph. Otherwise, the AAA rules
will govern payment of filing fees and the AAA’s and arbitrator’s fees
and expenses. If, at the conclusion of the arbitration, the arbitrator
 awards you more than our last written offer made before the
arbitrator was appointed, the device manufacturer or installer (or
Microsoft if your dispute is with Microsoft) will pay you (i) the amount
of the award or $1,000 USD (whichever is more); (ii) any reasonable
attorney’s fees you incurred; and any reasonable expenses (including
expert witness fees and costs) that your attorney accrued in
connection with your individual arbitration.
(ii) Disputes involving $75,000 USD or more. The AAA rules will
govern payment of filing fees and the AAA’s and arbitrator’s fees and
expenses.

f. Severability. If, after exhaustion of all appeals, a court finds any part of
this Section 11 unenforceable as to any claim or request for a remedy,
then the parties agree to arbitrate all claims and remedies subject to
arbitration before litigating in court any remaining claims or remedies
(such as a request for a public injunction remedy, in which case the
arbitrator issues an award on liability and individual relief before a court
considers that request). Otherwise, if any other part of Section 11 is found
to be unenforceable, the remainder will remain in effect (with an
arbitration award issued before any court proceeding begins).

g. 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 device
manufacturer or installer to resolve disputes through informal negotiation
and arbitration.

12. 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 consumer protection laws, unfair
competition laws, implied warranty laws, for unjust enrichment, and in tort,
regardless of conflict of law principles. In the United States, the FAA governs all
provisions relating to arbitration.

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 device manufacturer or
installer. This warranty is given in addition to other rights and remedies
you may have under law, including your rights and remedies under the
 Australian Consumer Law consumer guarantees. Nothing in this
agreement limits or changes those rights and remedies. In particular:

(i) the provisions excluding and limiting warranties, guarantees,

damages and remedies, and limiting duration of your rights under
local laws in Section 9 headed Warranty, Disclaimer, Remedy,
Damages and Procedures do not apply to the Australian Consumer
Law consumer guarantees and your rights and remedies under them;

(ii) support and refund policies referred to in Sections 9.e and 10 are
subject to the Australian Consumer Law;

(iii) the Australian Consumer Law consumer guarantees apply to the

evaluation software described in Section 14.d(ii) and the preview
software described in Section 14.d(iv); and

(iv) our goods come with guarantees that cannot be excluded under the
Australian Consumer Law. In this subsection, “goods” refers to the
software for which Microsoft, or the device manufacturer or installer
provides the express warranty. 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.

To learn more about your rights under the Australian Consumer Law,
please review the information at https://aka.ms/acl.

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 Section 14.d(i) below

does not apply in the jurisdictions listed at
https://go.microsoft.com/fwlink/?LinkId=534978.

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 device 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 device manufacturer
or installer, or Microsoft is liable according to the statutory law.

Subject to the preceding sentence, the device manufacturer or

installer, or Microsoft will only be liable for slight negligence if the
 device 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 device
manufacturer or installer or Microsoft will not be liable for slight
negligence.

e. Other regions. See https://go.microsoft.com/fwlink/?LinkId=534978 for

a current list of regional variations.

14. 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 HTTPS://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” and
no warranty, implied or express (including the Limited
Warranty), applies to these versions.

(iii) NFR. You may not sell software marked as “NFR” or “Not for
Resale”.

(iv) Preview. You may choose to use preview, insider, beta, or other
pre-release versions of the software (“previews”) that Microsoft may
make available. You may use previews only up to the software’s
expiration date and so long as you comply with all the terms of this
agreement. Previews are experimental and may be substantially
different from the commercially released version. Notwithstanding
anything to the contrary in this agreement, previews are provided
“AS IS,” and no warranty, implied or express (including the
Limited Warranty), applies to these versions. By installing
previews on your device, you may void or impact your device
warranty and may not be entitled to support from your device
manufacturer or network operator, if applicable. Microsoft is
not responsible for any damage thereby caused to you. Microsoft
may not provide support services for previews. If you provide
Microsoft comments, suggestions or other feedback about the
preview (“submission”), you grant Microsoft and its partners rights to
use the submission in any way and for any purpose.

15. 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 device 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 device 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 https://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:

· Microsoft Privacy Statement https://aka.ms/privacy

· Microsoft Services Agreement https://aka.ms/msa