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DRWARE TERMS OF SALE
Updated May 2018
IF YOU LIVE IN (OR YOUR PRINCIPAL PLACE OF BUSINESS IS IN) THE UNITED STATES, PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 28. IT AFFECTS HOW DISPUTES ARE RESOLVED.
Welcome to DrWare’s online store operated by DrWare Inc (“DrWare,” “We,” “Us,” “Our”), located at 295 Seven Farms Dr #302, Charleston, SC 29492, USA.
If we have a DrWare Retail Store located in your country or region, it may have different or additional policies. DrWare may update or amend any policies without notice at any time.
TERMS RELATING TO YOUR USE OF THE STORE
2. No Unlawful or Prohibited Use. As a condition of your use of the Store, you warrant to us that you will not use the Store for any purpose that is unlawful or prohibited by these Terms of Sale, the Store Policies, or any other terms that apply to your use of the Store. You may not use the Store in any manner that could damage, disable, overburden, or impair any DrWare server, or the network(s) connected to any DrWare server, or interfere with any other party’s use and enjoyment of the Store. You may not attempt to gain unauthorized access to the Store, other accounts, computer systems or networks connected to any DrWare server or to the Store, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Store. You may not use the Store in a way that infringes rights of third parties, including willfully harming a person or entity, including DrWare. You may not commercially distribute, publish, license, or sell any products, information or services obtained from the Store.
3. Materials You Provide to DrWare or Post in the Store. DrWare does not claim ownership of the materials you provide to DrWare (including feedback, ratings, reviews and suggestions) or post, upload, input or submit to the Store or associated DrWare services for review by others (each a “Submission” and collectively “Submissions”). However, you grant DrWare a royalty-free, perpetual, irrevocable, worldwide, non-exclusive and sublicensable right to use, modify, adapt, reproduce, create derivative works from, translate, edit, perform, distribute, and display your Submission, including your name, in any media. If you publish your Submission in areas of the Store where it is available broadly online without restrictions, your Submission may appear in demonstrations or materials that promote the Store and/or the products, services and content offered in the Store. You warrant and represent that you have (and will have) all of the rights necessary to make any Submission you provide and to grant these rights to DrWare, on a worldwide basis and for the duration of these rights.
No compensation will be paid with respect to the use of your Submission. DrWare is under no obligation to post or use any Submission and DrWare may remove any Submission at any time in its sole discretion. DrWare takes no responsibility and assumes no liability for your Submissions or the material others post, upload, input or submit using the Store.
If you rate or review an application in the Store, you may receive email from DrWare which contains content from the publisher of the application.
4. Links to Third-Party Websites. The Store may include links to third-party websites that let you leave the Store. These linked sites are not under the control of DrWare and DrWare is not responsible for the contents of any linked site or any link contained in a linked site. DrWare is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DrWare of the site. Your use of the third-party website may be subject to that third party’s terms and conditions.
Terms Relating to the Sale of Products AND SERVICES to You
5. Geographic Availability. Available products and services may vary depending on your region or device. In addition, there may be limits on where we can ship goods, or provide services or digital content. To complete your purchase, you may be required to have a valid billing and shipping address within the country or region of the Store where you are purchasing.
6. End Users Only. You must be an end user to purchase products and services from the Store. Resellers are not eligible to purchase.
7. Export Limitations. Products and services acquired from the Store may be subject to customs and export control laws and regulations. You agree to comply with all applicable international and national laws and regulations.
8. Billing. By providing DrWare with a payment method, you: (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize DrWare to charge you for any products, services or available content purchased using your payment method; and (iii) authorize DrWare to charge you for any paid feature of the Store that you choose to sign up for or use. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed in connection with your transactions. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscriptions. Also, we may charge you up to the amount you have approved, and we will notify you in advance and in accordance with the terms of your subscription of any change in the amount to be charged for recurring subscriptions. We may bill you at the same time for more than one of your prior billing periods for amounts that haven’t previously been processed. See the Automatic Renewal section below.
If you are taking part in any trial-period offer, you must cancel the service by the end of the trial period to avoid incurring new charges unless we notify you otherwise. If you do not cancel the service at the end of the trial period, you authorize us to charge your payment method for the product or service.
9. Recurring Payments. When you purchase products, services or content on a subscription basis (e.g., weekly, monthly, every 3 months, or annually (as applicable)), you acknowledge and agree that you are authorizing recurring payment, and payments shall be made to DrWare by the method you have chosen at the recurring intervals chosen by you, until the subscription is terminated by you or by DrWare or otherwise in accordance with its terms. By authorizing recurring payments, you are authorizing DrWare to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (in the case of Automated Clearing House or similar payments), or as charges to your designated account (in the case of credit card or similar payments) (collectively, “Electronic Payments”). Subscription fees are generally billed or charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, DrWare or its service providers reserve the right to collect any applicable return item, rejection or other fees as permitted by applicable law.
10. Product Availability and Quantity and Order Limits. Product prices and availability are subject to change at any time and without notice. Microsoft may place a limit on the quantities that may be purchased per order, per account, per credit card, per person, or per household. If the products or services that you ordered are unavailable, we may contact you to offer you an alternative product. If you do not choose to purchase the alternative product, we will cancel your order.
DrWare may refuse or reject any order at any time, refunding you any monies you have paid for the order, for reasons which include, but are not limited to, if you have not met the conditions specified at the time of the order, if your payment cannot be processed, if the ordered products or services are not available, or for pricing or other errors. In the event of pricing or other errors, we reserve the right, in our discretion, to either (a) cancel your order or purchase or (b) contact you for instructions. In the event of cancellation, your access to the associated content will be disabled.
We may disable access to content associated with your account for any reason. We may also remove or disable games, applications, content, or services on your device in order to protect the Store or potentially affected parties. Some content and applications may be unavailable from time to time or may be offered for a limited time. Availability can be affected by region. Thus, if you change your account or device to another region, you may not be able to re-download content or applications or re-stream certain content that you purchased; you may need to re-purchase content or applications that you paid for in your previous region. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any content or application you purchase.
11. Updates. If applicable, DrWare will automatically check for and download updates to your applications, even if you’re not signed into the Store. You can change your settings if you prefer not to receive automatic updates to Store apps. However, certain Office Store apps that are entirely or partly hosted online may be updated at any time by the app developer and may not require your permission to update. Some other apps may not be accessible until you accept an update.
12. Software Licenses and Use Rights. Software and other digital content made available through the Store is licensed, not sold, to you. Applications downloaded directly from the Store are subject to the Standard Application License Terms (“SALT”) available at https://go.microsoft.com/fwlink/?linkid=838610&clcid=0x0409 unless different license terms are provided with the application. (Applications downloaded from the Office Store are not governed by the SALT and have separate license terms.) Apps, games and other digital content obtained through the Store are subject to the usage rules located at https://go.microsoft.com/fwlink/p/?LinkId=723143. You understand and acknowledge that your rights with respect to these digital goods are limited by these Terms of Sale, copyright law and the usage rules referenced above. Software licenses purchased at a DrWare Retail Store are subject to the license agreement that accompanies the software, and you will be required to agree to the license agreement when you purchase, download or install the software. Any reproduction or redistribution of software or merchandise not in accordance with the relevant license terms, usage rules, and applicable law is expressly prohibited and may result in severe civil and criminal penalties. Violators risk prosecution to the maximum extent of the law.
PLEASE CONTACT THE DRWARE STORE SALES AND SUPPORT https://go.microsoft.com/fwlink/p/?linkid=824761&clcid=0x0409 IF YOU WOULD LIKE A COPY OF THE APPLICABLE LICENSE AGREEMENT OR WARRANTY FOR BOXED SOFTWARE, AT NO COST, BEFORE YOU OPEN ANY SOFTWARE PACKAGING.
FOR YOUR CONVENIENCE, MICROSOFT MAY MAKE AVAILABLE AS PART OF THE STORE OR IN ITS SOFTWARE OR MERCHANDISE, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD THAT ARE NOT PART OF THE PRODUCT OR SERVICES SOLD. TO THE EXTENT PERMITTED BY APPLICABLE LAW, DRWARE DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT FROM ANY SUCH TOOLS OR UTILITIES.
Please respect the intellectual property rights of others when using the tools and utilities made available through the Store, or in software or merchandise.
13. Codes for Software and Content Downloads. Certain software and content are delivered to you by making a download link available in your DrWare account associated with your purchase. Subject to the paragraph below, we usually store the download link and related digital key for these purchases in your DrWare account for 3 years following the purchase date, but do not promise to store them for any particular length of time. For subscription products that are delivered by providing a download link, different terms and storage rights may apply, which you will be able to review and agree to at the time of your subscription.
You agree that we may cancel or modify our digital key storage program at any time. You also agree that we may stop supporting the storage of keys for one or more products at any time and for any reason, including, by way of example, at the end of the product support life cycle, after which you will no longer have access to the download link or digital key. If we cancel or modify our program such that you will no longer have access to the download link or digital key(s) in your account, we will provide at least 90 days’ advance notice to you using the contact information for the related DrWare account.
14. Pricing. If we have a DrWare Retail Store in your country or region, the prices, product selection and promotions offered there may be different from those on the online Store. To the extent permitted by applicable law, DrWare does not guarantee that a price, product or promotion offered online will also be available or honored at a DrWare Retail Store or vice versa.
The Store does not have a price match guarantee. We will not match the advertised price other retailers offer for the same items. However, if we lower our price on a device within 30 days of your purchase, we will honor the lower price. If you notice that we have lowered a price on a device you recently purchased, just bring your original sales receipt back to the place of purchase or contact Sales and Support, as applicable, and we’ll gladly issue a refund or credit for the difference (if you paid with a credit card, you’ll need to use the same card). You must contact DrWare within 30 days of the price change to receive the refund or credit. Price reductions/adjustments are not available for clearance items and limited-time price reductions associated with promotions and/or special sale events including Thanksgiving Day, Black Friday, Cyber Monday or Cyber Week.
We may offer an option to pre-order some products before their availability date. To learn more about our pre-order policies, please see our Pre-Orders page https://go.microsoft.com/fwlink/p/?linkid=834935&clcid=0x0409.
Unless stated otherwise, prices shown in the Store exclude taxes or charges (“Taxes”) that may apply to your purchase. Prices shown in the Store also exclude delivery costs. Taxes and delivery costs (as applicable) will be added to the amount of your purchase and shown on the check-out page. You are solely responsible for paying such Taxes and costs.
Depending on your location, some transactions might require foreign currency conversion or be processed in another country. Your bank might charge you additional fees for those services when you use a credit or debit card. Please contact your bank for details.
15. Automatic Renewal Selection. Provided that automatic renewals are allowed in your country, region, province/territory, or state, you may choose for products or services to automatically renew at the end of a fixed service period. If you elected to automatically renew your product or service, we may automatically renew the product or service at the end of the current service period and charge you the then-current price for the renewal term, unless you have chosen to cancel the product or service as described below. We will bill your chosen payment method for the renewal, whether it was on file on the renewal date or provided later. You may cancel the products or services prior to the renewal date. You must cancel before the renewal date to avoid being billed for the renewal.
16. Return Policy. We will accept returns and exchanges for eligible products for 30 days from the date of purchase or download, as applicable. Simply return the eligible product in like new condition and in its original packaging, along with all parts, components, instruction manuals and documentation that were initially included. This Return Policy does not affect any statutory rights that may apply to your purchase.
Packaged software and games must be returned with their seal intact and must include all media and product keys. As a limited exception, software and game packages that have been opened may be returned during the return period if you are unsatisfied with the license agreement or warranty, but only if you do not make or retain any copies.
Even if you return your products, packaged software or games, these Terms of Sale will still apply to the time between your purchase or download and return.
Some items are not eligible for return; unless otherwise provided by law or by a particular product offer, all purchases of these types of products are final and non-refundable:
- digital apps, games, in-app content and subscriptions, music, movies, TV shows, and associated content;
- gift cards and service/subscription cards (e.g., Skype, Xbox Live, Groove Music Pass);
- products that have been personalized or customized;
- special order products, if not part of a Store promotional offering;
- random access memory (“RAM”) products;
- services that have been performed or consumed; and
- clearance items or those marked with a designation such as “Final Sale” or “Non-Returnable”.
When you make a qualifying return, we will credit the full amount, less the original shipping and handling charges (if any) except we won’t deduct those charges for returns because you are unsatisfied with the license agreement or warranty, and you will typically receive your refund in approximately 3-5 business days. Any refunds will be applied to the same account, and using the same method of payment, used to place the order (unless you choose a Store credit in the amount of the refund).
For complete details on how to return eligible products, see our Returns and Refunds page https://go.microsoft.com/fwlink/p/?linkid=723276&clcid=0x0409.
17. Payments to You. If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. To the extent permitted by applicable law, you must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce a payment to you without notice to adjust for any previous overpayment.
18. Gift Cards. Gift cards purchased in a DrWare Retail Store are governed by the Retail Gift Card Agreement located at https://www.microsoftstore.com/store/msusa/html/pbPage.Help_Retail_Stores#GiftCards.
Information on Skype gift cards is available on Skype’s Help page (https://support.skype.com/en/faq/FA12197/what-is-a-skype-gift-card-and-where-can-i-buy-one).
Redemption and use of other DrWare gift cards are governed by the Microsoft Gift Card Terms and Conditions (https://commerce.microsoft.com/PaymentHub/Help/Show/toc_link_no_62).
19. Customer Service. Please visit our Sales and Support page https://go.microsoft.com/fwlink/p/?linkid=824761&clcid=0x0409 for more information about customer service options.
20. Changing Terms. Microsoft may change the Terms of Sale at any time and without notice to you. The Terms of Sale in force at the time you place your order will govern your purchase and serve as the purchase contract between us. Before your next purchase, DrWare may have changed the Terms of Sale without notice to you. Please review the Terms of Sale each time you visit the Store. We recommend that you save or print a copy of the Terms of Sale for future reference when you acquire something.
21. Age Limitations. You acknowledge that you are authorized to place an order and to perform any other legal acts required of you under these Terms of Sale. Age limits may apply to your use of the Store, including purchases.
22. Privacy and Protection of Personal Information. Your privacy is important to us. We use certain information that we collect from you to operate and provide the Store. Please read the DrWare Privacy Statement as it describes the types of data we collect from you and your devices (“Data”) and how we use your Data. The Privacy Statement also describes how Microsoft uses your communications with others; postings or feedback submitted by you to DrWare via the Store; and the files, photos, documents, audio, digital works, and videos that you upload, store or share on your devices or through the Store (“Your Content”). By using the Store, you expressly consent to DrWare’s collection, use and disclosure of Your Content and Data as described in the Privacy Statement.
23. Product Display and Colors. DrWare attempts to display product colors and images accurately but we cannot guarantee that the color you see on your device screen or monitor will exactly match the product’s color.
24. Errors in Store Presentation. We work hard to publish information accurately, update the Store regularly, and correct errors when discovered. However, any of the content in the Store may be incorrect or out of date at any given time. We reserve the right to make changes to the Store at any time, including to product prices, specifications, offers and availability.
25. Termination of Use or Access. DrWare may terminate your account or use of the Store at any time for any reason, including, without limitation, if you are in breach of these Terms of Sale or the Store Policies, or if the Store is no longer operated by DrWare. By using the Store, you agree to be responsible (in accordance with these terms) for any orders you make or charges you incur prior to such termination. DrWare may change, discontinue, or otherwise suspend the Store at any time, for any reason, and without prior notice to you.
26. Warranties and Limitation of Remedies. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, DRWARE AND ITS SUPPLIERS, DISTRIBUTORS, RESELLERS, AND CONTENT PROVIDERS MAKE NO EXPRESS OR IMPLIED WARRANTIES, GUARANTEES, OR CONDITIONS, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, OR NON-INFRINGEMENT. PRODUCTS OR SERVICES SOLD OR AVAILABLE IN THE STORE ARE WARRANTED, IF AT ALL, ONLY UNDER ANY LICENSE AGREEMENTS OR MANUFACTURER’S WARRANTIES THAT ACCOMPANY THEM. EXCEPT AS PROVIDED UNDER AN ACCOMPANYING LICENSE AGREEMENT OR MANUFACTURER’S WARRANTY:
- YOUR PURCHASE AND USE ARE AT YOUR OWN RISK;
- WE PROVIDE PRODUCTS AND SERVICES “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE”;
- YOU ASSUME THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE; AND
- SHOULD THEY PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
MICROSOFT DOESN’T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE STORE OR SERVICES. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL DOWNTIME OCCURS. WE DO NOT WARRANT THAT ACCESS TO THE STORE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT CONTENT LOSS WON’T OCCUR.
If, despite these Terms of Sale, you have any basis for recovering damages arising out of or RELATING TO the Store (including the Services), or any product or service offered, your exclusive remedy is to recover from Microsoft or ITS suppliers, resellers, distributors, and content providers DIRECT total damages up to (1) the price or fee for one month of any service, subscription, or similar fee (not including the purchase price for hardware, software, support, or extended warranties), or (2) US $100.00 if there was no service, subscription, or similar fee.
YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THIS CONTRACT IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY APPLY.
27. Limitation of Liability. YOU AGREE THAT YOU CAN’T RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES, OR LOST PROFITS. The limitations and exclusions IN SECTIONS 26 AND 27 apply even if you incur damages and even if we knew or should have known about the possibility of the damages. SOME STATES OR PROVINCES/territories DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
To the maximum extent permitted by law, these limitations and exclusions apply to All CLAIMS, UNDER ANY LEGAL THEORY, related to the Store (including the Services), these terms of sale, or any product or service offered, including loss of content, any virus OR MALWARE affecting your use of the Store OR ANY PRODUCT OR SERVICE ACQUIRED FROM THE STORE; AND delays or failures in starting or completing transmissions or transactions.
28. Binding Arbitration and Class Action Waiver If You Live In (or Are a Business with Your Principal Place of Business In) the United States. We hope we never have a dispute, but if we do, you and we agree to try for 60 days 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, and any other proceeding 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 and its 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 us concerning the Store (including the Services), any advertising, marketing, or communications, any products or services offered or sold, any purchase transactions or billing, or these Terms of Sale or Store Policies, 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. Mail a Notice of Dispute First. If you have a dispute and our customer service representatives can’t resolve it, send a Notice of Dispute by U.S. Mail to Microsoft Corporation, ATTN: CELA Arbitration, One Microsoft Way, Redmond, WA 98052-6399. Tell us your name, address, how to contact you, what the problem is, and what you want. A form is available at https://go.microsoft.com/fwlink/?linkid=245499. We’ll do the same if we have a dispute with you. You and Microsoft will attempt to resolve any dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent. After 60 days, you or we may start an arbitration if the dispute is unresolved.
c. Small Claims Court Option. Instead of mailing a Notice of Dispute,you may sue us in small claims court in your county of residence (or, if a business, your principal place of business) or King County, Washington, if you meet the court’s requirements.
d. Arbitration Procedure. The AAA will conduct any arbitration under its Commercial Arbitration Rules (or if you are an individual and use the Store or Services for personal or household use, or if the value of the dispute is $75,000 or less whether or not you are an individual or how you use the Store or Services, its Consumer Arbitration Rules). For more information, see www.adr.org or call 1-800-778-7879. To start an arbitration, submit the form available at https://go.microsoft.com/fwlink/?linkid=245497 to the AAA and mail a copy to us. In a dispute involving $25,000 or less, any hearing will be telephonic 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) or King County, Washington. 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 Commercial Rule 7 or Consumer Rule 14, 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.
e. Arbitration Fees and Payments.
i. Disputes Involving $75,000 or Less. We will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses. If you reject our last written settlement offer made before the arbitrator was appointed, your dispute goes all the way to an arbitrator’s decision (called an “award”), and the arbitrator awards you more than this last written offer, we will: (i) pay the greater of the award or $1,000; (ii) pay your reasonable attorney’s fees, if any; and (iii) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration.
ii. Disputes Involving More than $75,000. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.
f. 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 28(a)) within one year from when it first could be filed. Otherwise, it’s permanently barred.
g. Rejecting Future Arbitration Changes. You may reject any change Microsoft makes to Section 28 (except address changes) by sending us notice within 30 days of the change by U.S. Mail to the address in Section 28(b). If you do, the most recent version of Section 28 before the change you rejected will apply.
h. Severability. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts won’t be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other provision of Section 28 is found to be illegal or unenforceable, that provision will be severed but the rest of Section 28 still applies.
i. Conflict with AAA Rules. These Terms of Sale govern to the extent they conflict with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules.
29. Interpreting These Terms. All parts of these Terms of Sale apply to the maximum extent permitted by the relevant law; you may have greater rights in your jurisdiction of residence (or, if a business, your principal place of business). If it is determined that we can’t enforce a part of these Terms of Sale as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms of Sale won’t change. Section 28(h) says what happens if parts of Section 28 (arbitration and class action waiver) are found to be illegal or unenforceable. Section 28(h) prevails over this section if inconsistent with it. Except for Section 28 (arbitration and class action waiver), these Terms of Sale are solely for your and our benefit; they aren’t for the benefit of any other person, except for Microsoft’s successors and assigns. Other terms may apply if you purchase products or services from other Microsoft websites.
30. Assignment. We may assign, transfer or otherwise dispose of our rights and obligations under these Terms of Sale, in whole or in part, at any time without notice to you. You may not assign or transfer any rights under these Terms of Sale.
31. Notices and Communication. For customer support inquiries, please see the Sales and Support https://go.microsoft.com/fwlink/p/?linkid=824761&clcid=0x0409 page in the Store.
32. Choice of Law and Place to Resolve Disputes.
a. If you live in (or are a business with your principal place of business in) the United States, the laws of thestate where you live (or, if a business, where your principal place of business is located) govern all claims, regardless of conflict of laws principles, except that the Federal Arbitration Act governs all provisions relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, for all disputes arising out of or relating to these Terms of Sale or Store Policies, the Store (including the Services), any advertising marketing, or communications, any purchase transactions or billing, or any products or services offered or sold, that are heard in court (excluding arbitration and small claims court).
b. If you live in (or are a business with your principal place of business in) Canada, the laws of the province/territory where you live (or, if a business, where your principal place of business is located) govern all claims, regardless of conflict of law principles. You and we irrevocably consent to the exclusive jurisdiction and venue of the courts in Ontario for all disputes arising out of or relating to these Terms of Sale or Store Policies, the Store (including the Services), any advertising, marketing, or communications, any purchase transactions, or billing, or any products or services offered or sold.
a. Notices and procedure for making claims of intellectual property infringement. Microsoft respects the intellectual property rights of third parties. If you wish to send a notice of intellectual property infringement, including claims of copyright infringement, please use our procedures for submitting Notices of Infringement (https://www.microsoft.com/info/cpyrtInfrg.aspx). ALL INQUIRIES NOT RELEVANT TO THIS PROCEDURE WILL NOT RECEIVE A RESPONSE.
Microsoft uses the processes set out in Title 17, United States Code, Section 512 to respond to notices of copyright infringement. In appropriate circumstances, Microsoft may also disable or terminate accounts of users of Microsoft services who may be repeat infringers.
b. Copyright and Trademark Notices.
All contents of the Store and Services are Copyright ©2016 Microsoft Corporation and/or its suppliers and third party providers, One Microsoft Way, Redmond, WA 98052, USA. All rights reserved. We or our suppliers and other third party providers own the title, copyright, and other intellectual property rights in the Store, Services and content. Microsoft and the names, logos, and icons of all Microsoft products and services may be either trademarks or registered trademarks of Microsoft in the United States, Canada and/or other countries.
A list of Microsoft trademarks can be found at: https://www.microsoft.com/trademarks. The names of actual companies and products may be the trademarks of their respective owners. Any rights not expressly granted in these Terms of Sale are reserved.
34. Safety Warning. To avoid possible injury, discomfort or eye strain, you should take periodic breaks from use of games or other applications, especially if you feel any pain or fatigue resulting from usage. If you experience discomfort, take a break. Discomfort might include feelings of nausea, motion sickness, dizziness, disorientation, headache, fatigue, eye strain, or dry eyes. Using applications can distract you and obstruct your surroundings. Avoid trip hazards, stairs, low ceilings, fragile or valuable items that could be damaged. A very small percentage of people may experience seizures when exposed to certain visual images like flashing lights or patterns that may appear in applications. Even people with no history of seizures may have an undiagnosed condition that can cause these seizures. Symptoms may include lightheadedness, altered vision, twitching, jerking or shaking of limbs, disorientation, confusion, loss of consciousness, or convulsions. Immediately stop using and consult a doctor if you experience any of these symptoms, or consult a doctor before using the applications if you’ve ever suffered symptoms linked to seizures. Parents should monitor their children’s use of applications for signs of symptoms.
Acceptance of Terms
<h5″>Description of Services
Through its network of Web properties, DrWare provides you with access to a variety of resources, including developer tools, download areas, communication forums and product information (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
Personal and Non-Commercial Use Limitation
Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
<h5″>Privacy and Protection of Personal Information
See the Privacy Statement disclosures relating to the collection and use of your information.
Notice Specific to Software Available on this Website
Any software that is made available to download from the Services (“Software”) is the copyrighted work of DrWare and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. Third party scripts or code, linked to or referenced from this website, are licensed to you by the third parties that own such code, not by DrWare.
The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, DRWARE CORPORATION HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FOR YOUR CONVENIENCE, DRWARE MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. DRWARE DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN MICROSOFT SOFTWARE PRODUCTS.
RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from the Services for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399.
Notice Specific to Documents Available on this Website
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Documents specified above do not include the design or layout of the Microsoft.com website or any other Microsoft owned, operated, licensed or controlled site. Elements of Microsoft websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Microsoft website may be copied or retransmitted unless expressly permitted by Microsoft.
MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
Notices Regarding Software, Documents, and Services Available
on this Website
IN NO EVENT SHALL MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
Member Account, Password, and Security
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Microsoft immediately of any unauthorized use of your account or any other breach of security. Microsoft will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Microsoft or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
No Unlawful or Prohibited Use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Microsoft server, or the network(s) connected to any Microsoft server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Microsoft server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
Use of Services
The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a “Communication Service” and collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
- Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
Microsoft has no obligation to monitor the Communication Services. However, Microsoft reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Microsoft reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
Microsoft reserves the right at all times to disclose any information as Microsoft deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Microsoft’s sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. Microsoft does not control or endorse the content, messages or information found in any Communication Services and, therefore, Microsoft specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized Microsoft spokespersons, and their views do not necessarily reflect those of Microsoft.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
Materials Provided to Microsoft or Posted at Any Microsoft Website
Microsoft does not claim ownership of the materials you provide to Microsoft (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting Microsoft, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Microsoft Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of your Submission, as provided herein. Microsoft is under no obligation to post or use any Submission you may provide and Microsoft may remove any Submission at any time in its sole discretion.
Notices and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.
Links to Third Party Sites
THE LINKS IN THIS AREA WILL LET YOU LEAVE MICROSOFT’S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF MICROSOFT AND MICROSOFT IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. MICROSOFT IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. MICROSOFT IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY MICROSOFT OF THE SITE.
Unsolicited Idea Submission Policy
MICROSOFT OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN MICROSOFT’S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO MICROSOFT. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO MICROSOFT OR ANYONE AT MICROSOFT. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT MICROSOFT MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
Your privacy is important to us. This privacy statement explains the personal data DrWare processes, how DrWare processes it, and for what purposes.
DrWare offers a wide range of products, including server products used to help operate enterprises worldwide, devices you use in your home, software students use at school, and services developers use to create and host what’s next. References to Microsoft products in this statement include Microsoft services, websites, apps, software, servers, and devices.
Please read the product-specific details in this privacy statement, which provide additional relevant information. This statement applies to Microsoft’s interactions with you and the Microsoft products listed below, as well as other DrWare products that display this statement.
Personal Data We Collect
DrWare collects data from you, through our interactions with you and through our products. You provide some of this data directly, and we get some of it by collecting data about your interactions, use and experiences with our products. The data we collect depends on the context of your interactions with DrWare and the choices you make, including your privacy settings and the products and features you use. We also obtain data about you from third parties.
If you represent an organization, such as a business or school, that utilizes DrWare’s Enterprise and Developer Products, please see the Enterprise and Developer section of this statement to learn how we process your data.
You have choices when it comes to the technology you use and the data you share. When we ask you to provide personal data, you can decline. Many of our products require some personal data to provide you with a service. If you choose not to provide data necessary to provide you with a product or feature, you cannot use that product or feature. Likewise, where we need to collect personal data by law or to enter into or carry out a contract with you, and you do not provide the data, we will not be able to enter into the contract; or if this relates to an existing product you’re using, we may have to suspend or cancel it. We will notify you if this is the case at the time. Where providing the data is optional, and you choose not to share personal data, features like personalization that use such data will not work for you.
How We Use Personal Data
DrWare uses the data we collect to provide you rich, interactive experiences. In particular, we use data to:
Provide our products, which includes updating, securing, and troubleshooting, as well as providing support. It also includes sharing data, when it is required to provide the service or carry out the transactions you request;
- Improve and develop our products
- Personalize our products and make recommendations
- Advertise and market to you, which includes sending promotional communications, targeting advertising, and presenting you relevant offers.
We also use the data to operate our business, which includes analyzing our performance, meeting our legal obligations, developing our workforce, and doing research.
In carrying out these purposes, we combine data we collect from different contexts (for example, from your use of two DrWare products) or obtain from third parties to give you a more seamless, consistent, and personalized experience, to make informed business decisions, and for other legitimate purposes.
Reasons We Share Personal Data
We share your personal data with your consent or to complete any transaction or provide any product you have requested or authorized. We also share data with DrWare-controlled affiliates and subsidiaries; with vendors working on our behalf; when required by law or to respond to legal process; to protect our customers; to protect lives; to maintain the security of our products; and to protect DrWare’s and its customers’ rights and property.
How to Access & Control Your Personal Data
You can also make choices about DrWare’s collection and use of your data. You can control your personal data that DrWare has obtained, and exercise your data protection rights, by contacting DrWare or using various tools we provide. How you can access or control your personal data will depend on which products you use. For example, you can:
- Control the use of your data for interest-based advertising from Microsoft by visiting our opt-out page.
- You can always choose whether you wish to receive promotional emails, SMS messages, telephone calls, and postal mail from Microsoft.
- You can also ccess and clear your data through the Microsoft privacy dashboard.
Cookies & Similar Technologies
We also use “web beacons” to help deliver cookies and gather usage and performance data. Our websites may include web beacons, cookies, or similar technologies from third-party service providers.
Products Provided by Your Organization–Notice to End Users
If you use an email address provided by an organization you are affiliated with, such as an employer or school, to access Microsoft products, that organization can:
- control and administer your Microsoft product account
- access and process your data, including the contents of your communications and files, associated with your Microsoft product accounts./li>
If you lose access to your work or school account (in event of change of employment, for example), you may lose access to products and the content associated with those products, including those you acquired on your own behalf, if you used your work or school account to sign into such products.
Many DrWare products are intended for use by organizations, such as schools and businesses. Please see Enterprise & Developer Products. If your organization provides you access to DrWare products your use of the DrWare products is subject to your organization’s policies, if any. You should direct your privacy inquiries, including any requests to exercise your data protection rights, to your organization’s administrator. When you use social features in DrWare products, other users in your network may see some of your activity. To learn more about the social features and other functionality, please review documentation or help content specific to the DrWare product. DrWare is not responsible for the privacy or security practices of our customers, which may differ from those set forth in this privacy statement.
With a Microsoft account, you can sign into Microsoft products, as well as those of select Microsoft partners. Personal data associated with your Microsoft account includes credentials, name and contact data, payment data, device and usage data, your contacts, information about your activities, and your interests and favorites. Signing into your Microsoft account enables personalization and consistent experiences across products and devices, permits you to use cloud data storage, allows you to make payments using payment instruments stored in your Microsoft account, and enables other features.
There are three types of Microsoft account:
- When you create your own Microsoft account tied to your personal email address, we refer to that account as a personal Microsoft account.
- When you or your organization (such as an employer or your school) create your Microsoft account tied to your email address provided by that organization, we refer to that account as a work or school account.
- When you or your service provider (such as a cable or internet service provider) create your Microsoft account tied to your email address with your service provider’s domain, we refer to that account as a third-party account.
If you sign into a service offered by a third party with your Microsoft account, you will share with that third party the account data required by that service.
Other Important Privacy Information
Below you will find additional privacy information, such as how we secure your data, where we process your data, and how long we retain your data. You can find more information on Microsoft’s commitment to protecting your privacy at https://privacy.microsoft.com.
Enterprise and Developer Products
Enterprise and Developer Products are Microsoft products and related software offered to and designed primarily for use by organizations and developers. They include:
- Cloud services referred to as Online Services in the Microsoft Online Services Terms(OST), such as Office 365, Microsoft Azure, Microsoft Dynamics365, and Microsoft Intune, for which an organization (our customer) contracts with Microsoft for the services (“Enterprise Online Services”).
- Server and developer products, such as Windows Server, SQL Server, Visual Studio, and System Center (“Enterprise and Developer Software”).
- Appliances and hardware used for storage infrastructure, such as StorSimple (“Enterprise Appliances”).
- Developer services such as Bot Framework, Cortana Skills Kit, and Botlet Store.
- Professional services referred to in the OST that are available with Enterprise Online Services, such as onboarding services, data migration services, data science services, or services to supplement existing features in the Enterprise Online Services.
In the event of a conflict between this Microsoft privacy statement and the terms of any agreement(s) between a customer and Microsoft for Enterprise and Developer Products, the terms of those agreement(s) will control.
You can also learn more about our Enterprise and Developer Products’ features and settings, including choices that impact your privacy or your end users’ privacy, in product documentation.
If any of the terms below are not defined in this Privacy Statement or the OST, they have the definitions below.
General. When a customer tries, purchases, uses, or subscribes to Enterprise and Developer Products, or obtains support for or professional services with such products, Microsoft collects data to provide the service, including uses compatible with providing the service, provide the best experiences with our products, operate our business, and communicate with the customer. For example:
- When a customer engages with a Microsoft sales representative, we collect the customer’s name and contact data, along with information about the customer’s organization, to support that engagement.
- When a customer interacts with a Microsoft support professional, we collect device and usage data or error reports to diagnose and resolve problems.
- When a customer pays for products, we collect contact and payment data to process the payment.
- When we send a customer communications from Microsoft, we use data to personalize the content of the communication.
- When a customer engages with Microsoft for professional services, we collect the name and contact data of the customer’s designated point of contact and use information provided by the customer to perform the services that the customer has requested.
The Enterprise and Developer Products enable you to purchase, subscribe to or use other products and online services from Microsoft or third parties with different privacy practices, and those other products and online services are governed by their respective privacy statements and policies.
Productivity and Communications Products
Productivity and Communications products are applications, software and services you can use to create, store and share documents, as well as communicate with others.
Search & Artificial Intelligence
Search and Artificial Intelligence products connect you with information and intelligently sense, process and act on information—learning and adapting over time.
Windows is a personalized computing environment that enables you to seamlessly roam and access services, preferences and content across your computing devices from phones to tablets to the Surface Hub. Rather than residing as a static software program on your device, key components of Windows are cloud-based, and both cloud and local elements of Windows are updated regularly, providing you with the latest improvements and features. In order to provide this computing experience, we collect data about you, your device, and the way you use Windows. And because Windows is personal to you, we give you choices about the personal data we collect and how we use it. Note that if your Windows device is managed by your organization (such as your employer or school), your organization may use centralized management tools provided by Microsoft or others to control device settings, device policies, software updates, data collection by us or the organization, or other aspects of your device. For more information about data collection and privacy in Windows, go to https://go.microsoft.com/fwlink/?LinkId=529552. Legacy versions of Windows (including Vista, 7, 8, and 8.1) are subject to their own privacy statements.
Entertainment and Related Services
Entertainment and Related Services power rich experiences and enable you to access a variety of content, applications and games.
Microsoft Health Services
Microsoft Health services can help you understand and manage your health data. They include HealthVault, HealthVault Insights, Microsoft Band devices, other Microsoft Health applications and related products. The Band helps you keep track of data like heart rate and steps taken. The Band can also use Cortana to take notes and receive notifications from your phone. The Microsoft Health applications send data to Microsoft’s servers and allow you to view, manage and control the data. The applications may enable notifications to the Band and other devices. HealthVault services let you gather, edit, add to, and store health data online, and share your health data with family, caregivers, and health care professionals.
Microsoft Health services collect and use your data to provide the services, which includes improving and personalizing your experiences. Health data you provide to Microsoft through Microsoft Health services is not combined with data from other Microsoft services, or used for other purposes without your explicit consent. For example, Microsoft does not use your health record data to market or advertise to you without your opt-in consent. [/vc_column_text][/qode_accordion_tab][/qode_accordion][/vc_column][/vc_row]