Microsoft Research Applications for the Office Store
Last updated: February 2013
These license terms are an agreement between Microsoft Corporation (“Microsoft”) and you. Please read them. They apply to the Microsoft Research software application you downloaded from the Office Store (“Application”). This agreement also applies to any updates and supplements for the Application, unless other terms accompany those items. If so, those terms apply.
This Application is research software and is not designed for commercial distribution or use. It may still be under development. It may not work the way a final version will. We also may not release a commercial version.
1. INSTALLATION AND USE RIGHTS.
a. Installation and Use. You may install and use one copy of the Application for non-commercial purposes on up to five (5) devices you personally own or control and which are affiliated with the Windows Live ID associated with your Office Store account. You may not install or use a copy of the Application on a device you do not own or control.
b. No Commercial Use. You may not use this Application for any commercial purpose. Examples of commercial purposes are: running business operations, using the Application in the creation or use of commercial products or services, or any other activity whose purpose is to procure a commercial gain to you or others.
c. Third Party Notices. The software may include third party code that Microsoft, not the third party, licenses to you under this agreement. Notices, if any, for the third party code are included for your information only.
2. INTERNET-BASED SERVICES. Microsoft may provide Internet-based services with the Application. In addition to the following, your use of such services is subject to the terms provided to you by Microsoft and/or your wireless carrier. Even if the service itself is free, you may still incur charges incidental to using the service, for example, charges for Internet access or other data transmission.
a. Consent for Internet-Based or Wireless Services. The Application may connect to computer systems over an Internet-based wireless network. In some cases, you will not receive a separate notice when they connect. Using the application operates as your consent to the transmission of standard device information (including but not limited to technical information about your device, system and application software, and peripherals) for internet-based or wireless services.
b. Misuse of Internet-based Services. You may not use any Internet-based service in any way that could harm it or impair anyone else’s use of it or the wireless network. You may not use the service to try to gain unauthorized access to any service, data, account or network by any means.
3. SCOPE OF LICENSE. The Application is licensed, not sold. This agreement only gives you some rights to use the Application. Unless applicable law gives you more rights, Microsoft reserves all other rights not expressly granted under this agreement, whether by implication, estoppel or otherwise. In doing so, you must comply with any technical limitations in the Application that only allow you to use it in certain ways. You may not
o work around any technical limitations in the
o reverse engineer, decompile or disassemble the Application, except and only to the extent that applicable law expressly permits, despite this limitation;
o make more copies of the Application than specified in this agreement or allowed by applicable law, despite this limitation; publish or otherwise make the Application available for others to copy;
o rent, lease or lend the Application; or
o transfer the Application or this agreement to any third party.
4. FEEDBACK. If you give feedback about the Application to Microsoft, you give to Microsoft, without charge, the right to use, share and commercialize your feedback in any way and for any purpose. You also give to third parties, without charge, any patent rights associated with such feedback as needed for their products, technologies and services to use or interface with any specific parts of a Microsoft Application or service that includes the feedback. You will not give feedback that is subject to a license that requires Microsoft to license its Application or documentation to third parties because Microsoft includes your feedback in them. These rights survive this agreement.
5. DOCUMENTATION. If documentation is provided with the Application, you may copy and use the documentation for your internal, reference purposes.
6. EXPORT RESTRICTIONS. The Application is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Application. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
7. SUPPORT SERVICES. The Application is provided “as is.” Microsoft, your device manufacturer, and your wireless carrier are not responsible for providing support services for the Application.
8. Termination. If you breach this or if you sue anyone over patents that you think may apply to or read on the Application or anyone's use of the Application, this Agreement (and your license and rights obtained herein) terminate automatically. Upon any such termination, you shall destroy all of your copies of the Application immediately. All terms of this Agreement that, by their nature, are intended to survive termination will survive.
9. ENTIRE AGREEMENT. This agreement, and any unique terms that apply to any supplements and updates, are the entire agreement for the Application.
10. APPLICABLE LAW.
o United States. If you acquired the Application in
the United States, Washington state law governs the interpretation of this
agreement and applies to claims for breach of it, regardless of conflict of
laws principles. The laws of the state where you live govern all other claims,
including claims under state consumer protection laws, unfair competition laws,
and in tort.
o Outside the United States. If you acquired the Application in any other country, the laws of that country apply.
11. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
12. DISCLAIMER OF WARRANTY. THE APPLICATION IS LICENSED "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE." YOU BEAR THE RISK OF USING IT. MICROSOFT, ON BEHALF OF ITSELF, WIRELESS CARRIERS OVER WHOSE NETWORK THE APPLICATION IS DISTRIBUTED, AND EACH OF OUR RESPECTIVE AFFILIATES, AND SUPPLIERS (“DISTRIBUTORS”), GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS UNDER OR IN RELATION TO THE APPLICATION. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, DISTRIBUTORS EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
13. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES TO THE EXTENT NOT PROHIBITED BY LAW, YOU CAN RECOVER FROM MICROSOFT ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE APPLICATION. YOU AGREE NOT TO SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM ANY DISTRIBUTOR. This limitation applies to
o anything related to the Application, services
made available through the Application, or content (including code) on third
party Internet sites; and
o claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if
o repair, replacement or a refund for the
Application does not fully compensate you for any losses; or
o Distributor knew or should have known about the possibility of the damages.
14. CHANGES. Microsoft reserves the right to change these license terms. In the event of a material change to these license terms or a significant change to the Application, Microsoft will give you the opportunity to review the new license terms. Your acceptance and/or continued use of the Application will constitute your acceptance of the changed terms.
15. PRIVACY. By using the Application, you consent to transfer of personal information outside of your country. Personal information collected through this Application may be transferred and stored and processed in the United States or any other country in which Microsoft maintains facilities. For more information about how your information may be collected by Microsoft see the privacy statement at http://research.microsoft.com/en-us/um/legal/officeprivacy.htm.