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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. 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.
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 aka. Certain updates, support, and other services might only be offered to users of genuine Microsoft software. 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, you agree to receive these types of automatic updates without any additional notice. 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 use either a Windows 8.
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. 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 aka. Warranty, Disclaimer, Remedy, Damages and Procedures. 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.
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. 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. 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.
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. Warranty and Refund Procedures. 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:.
If you acquired the software in another country, contact the Microsoft affiliate serving your country aka. 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.
For software acquired from a retailer. Microsoft provides limited support services for properly licensed software as described at aka. We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. Nor is combining individual proceedings without the consent of all parties. Disputes covered—everything except IP. Mail a Notice of Dispute first. Tell us your name, address, how to contact you, what the problem is, and what you want.
A form is available at aka. After 60 days, you or we may start an arbitration if the dispute is unresolved. Small claims court option. Arbitration procedure. For more information, see aka. To start an arbitration, submit the form available at aka. 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. Arbitration fees and payments. 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 If any part of Section 11 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 11 will be unenforceable in its entirety.
Conflict with AAA rules. 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.
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.
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:.
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:. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
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