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7/23/2019 Tos Skype 20150801 EEA En http://slidepdf.com/reader/full/tos-skype-20150801-eea-en 1/25 Microsoft Services Agreement FAQ Microsoft Services Agreement Microsoft Privacy Statement Print Your Privacy Your Content 1. Your Privacy. Your privacy is important to us. Please read the Microsoft Privacy Statement , the Microsoft Health Privacy Statement and the HealthVault Privacy Statement collectively " Privacy Statements " as they describe the types of data we collect from you and your devices "Data " and how we u se y our Data. The Privacy Statements also describe how Microsoft uses your content, which is your communications with others; postings or feedback submitted by you to Microsoft via the Services and the files, photos, documents, audio, digital works and videos that you upload, store or share through the Services "Your Content " . By using the Services or agreeing to these Terms, you consent to Microsoft’s collection, use and disclosure of Your Content and Data as described in the Privacy Statements. 2. Your Content. Many of our Services allow you to store or share Your Content or receive material from others. We don’t claim ownership of Your Content. Your Content remains Your Content and you are responsible for it. a. When you share Your Content with other people, you expressly agree that anyone you’ve shared Your Content with may, for free and worldwide, use, save, record, reproduce, transmit, display, communicate and on HealthVault delete Your Content. If you do not want others to have that ability, do not use the Services to share Your Content. You represent and warrant that for the duration of these Terms Your Privacy Your Content Code of Conduct Using the Services & Support Using Third‐Party Apps and Services Service Availability Updates to the Services or Software and Changes to These Terms Software Licence Payment Terms Contracting Entity and Choice of Law Published: 4 June 2015 Effective: 1 August 2015 Microsoft Services Agreement These terms "Terms " cover the use of Microsoft’s consumer products, websites and services listed here the "Services " . Many of these products previously had separate terms that were called different names, such as "Xbox Live Terms of Use" or "Skype Terms of Use" and these Terms replace those separate terms. By providing the opportunity of subscribing to, using and/or ordering the Services, Microsoft makes an offer to you. You accept these Terms by creating a Micros oft account or Skype account, by using the Services, or by continuing t o use the Services after being notified of a cha nge to these Terms. Please read, print and save a copy of these Term s for your records because Microsoft won’t save a copy for you.

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Microsoft Services AgreementFAQ Microsoft Services Agreement Microsoft Privacy Statement

Print

Your Privacy

Your Content

1. Your Privacy. Your privacy is important to us. Please read the Microsoft PrivacyStatement , the Microsoft Health Privacy Statement and the HealthVault PrivacyStatement collectively " Privacy Statements " as they describe the types of data wecollect from you and your devices "Data " and how we u se y our Data. The PrivacyStatements also describe how Microsoft uses your content, which is yourcommunications with others; postings or feedback submitted by you to Microsoft viathe Services and the files, photos, documents, audio, digital works and videos that youupload, store or share through the Services "Your Content " . By using the Services oragreeing to these Terms, you consent to Microsoft’s collection, use and disclosure of Your Content and Data as described in the Privacy Statements.

2. Your Content. Many of our Services allow you to store or share Your Content orreceive material from others. We don’t claim ownership of Your Content. Your Contentremains Your Content and you are responsible for it.

a. When you share Your Content with other people, you expressly agree thatanyone you’ve shared Your Content with may, for free and worldwide, use, save,record, reproduce, transmit, display, communicate and on HealthVault delete YourContent. If you do not want others to have that ability, do not use the Services toshare Your Content. You represent and warrant that for the duration of these Terms

Your Privacy

Your Content

Code of Conduct

Using the Services &Support

Using Third‐PartyApps and Services

Service Availability

Updates to theServices or Softwareand Changes toThese Terms

Software Licence

Payment Terms

Contracting Entityand Choice of Law

Published: 4 June 2015Effective: 1 August 2015

Microsoft Services AgreementThese terms "Terms " cover the use of Microsoft’s consumer products, websites and services listed here the"Services " . Many of these products previously had separate terms that were called different names, such as "Xbox

Live Terms of Use" or "Skype Terms of Use" and these Terms replace those separate terms. By providing theopportunity of subscribing to, using and/or ordering the Services, Microsoft makes an offer to you. You accept theseTerms by creating a Micros oft account or Skype account, by using the Services, or by continuing t o use the Servicesafter being notified of a cha nge to these Terms. Please read, print and save a copy of these Term s for your recordsbecause Microsoft won’t save a copy for you.

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Code of Conduct

you have and will have all the rights necessary for Your Content that is uploaded,stored or shared on or through the Services and that the collection, use andretention of Your Content through the Services won't violate any law or rights of others. We strongly advise you to make regular back‐up copies of Your Content.Microsoft can't be held responsible for Your Content or the material others upload,store or share using our Services.

b. To the extent necessary to provide the Services to you and others which may

include changing the size, shape or format of Your Content to better store ordisplay it to you , to protect you and the Services and to improve Microsoftproducts and services, you grant Microsoft a worldwide and royalty free intellectualproperty licence to use Your Content, for example, to make copies of, retain,transmit, reformat, distribute via communication tools and display Your Content onthe Services. If you publish Your Content in areas of the Service where it is renderedavailable online publicly or without restrictions, Your Content may appear indemonstrations or materials that promote the Service. Some of the Services aresupported by advertising. Controls for how Microsoft personalises advertising areavailable on the Security & privacy page of the Microsoft account managementwebsite. We do not use what you say in email, chat, video calls or voicemail, or yourdocuments, photos or other personal files to target advertising to you. Ouradvertising policies are covered in detail in the Privacy Statements.

3. Code of Conduct.

a. Content, material or actions that violate these Terms are not permitted. Byagreeing to these Terms, you’re under the obligation to follow these rules:

i. Don’t do anything illegal.ii. Don’t engage in any activity that exploits, harms or threatens to harmchildren.iii. Don’t send spam. Spam is unwanted or unsolicited bulk email, postings,contact requests, SMS text messages or instant messages.iv. Don’t publicly display or use the Services to share any inappropriateContent or other material involving, for example, nudity, bestiality,pornography, graphic violence or criminal activity .v. Don’t engage in activity that is false or misleading e.g. asking for moneyunder false pretenses, impersonating someone else, manipulating the Servicesto increase play count, or affect rankings, ratings or comments .vi. Don’t willfully circumvent any restrictions on access to or availability of theServices.vii. Don’t engage in activity that is harmful to you, the Services or others e.g.transmitting viruses, stalking, communicating hate speech or advocatingviolence against others .viii. Don’t infringe upon the rights of others e.g, unauthorised sharing of

copyrighted music or other copyrighted material, resale or other distributionof Bing maps or photographs .ix. Don’t engage in activity that violates the privacy of others.x. Don’t help others break these rules.

Warranties

Limitation of Liability

Service‐SpecificTerms

Xbox Live andMicrosoft StudiosGames andApplications

Store

Microsoft Family

Skype

Bing and MSN

Cortana

Outlook.com

Office‐based

Services

HealthVault

Miscellaneous

NOTICES

STANDARDAPPLICATIONLICENCE TERMS

Covered Services

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Using the Services & Support

b. Enforcement. We reserve the right to deny Your Content if it exceeds limits onstorage or file size allowed by the Service. In addition, if you violate any of theobligations listed in section 3 a above or otherwise materially violate these Terms,we may take action against you including without limitation stopping providingServices or closing your Microsoft account or Skype account immediately for goodcause or blocking delivery of a communication like email or instant message to orfrom the Services. We also reserve the right to remove or block Your Content fromthe Services at any time if it is brought to our attention that it may violateapplicable law or these Terms. When investigating alleged violations of theseTerms, Microsoft reserves the right to review Your Content in order to resolve theissue. However, we do not monitor the Services and make no attempt to do so.

4. Using the Services & Support.a. Microsoft account or Skype account. You’ll need a Microsoft account to accessmany of the Services. Your Microsoft account lets you sign in to products, websitesand services provided by Microsoft and some Microsoft partners. To access Skypeon certain platforms, you have the option of using a Skype account or a Microsoftaccount.

i. Creating an Account. You can create a Microsoft account or a Skype accountby signing up online. You agree not to use any false, inaccurate or misleadinginformation when signing up for your Microsoft account or Skype account. Insome cases, a third party, like your Internet Service Provider, may haveassigned a Microsoft account to you. If you received your Microsoft accountfrom a third party, the third party may have additional rights over youraccount, like the ability to access or delete your Microsoft account. Pleasereview any additional terms the third party provided you, as Microsoft has noresponsibility regarding these additional terms. If you create a Microsoftaccount on behalf of an entity, such as your business or employer, yourepresent that you have the legal authority to bind that entity to these Terms.You cannot transfer your Microsoft account or Skype account to another useror entity. To protect your account, keep your account details and passwordconfidential. You are responsible for all activity that occurs under your

Microsoft account or Skype account.

ii. Account Use. You must use your Microsoft account to keep it active. Thismeans you must sign in at least once in a five‐year period to keep yourMicrosoft account, and associated Services, active, unless provided otherwisein an offer for a paid portion of the Services. If you don’t sign in during thistime, we will assume your Microsoft account is inactive and will close it for you.Please see section 4 a iv 2 for the consequences of a closed Microsoftaccount. You must sign into your Outlook.com inbox and your OneDriveseparately at least once in a one‐year period, otherwise we will close your

Outlook.com inbox and your OneDrive for you. If we reasonably suspect thatyour Microsoft account or Skype account is being used by a third partyfraudulently for example, as a result of an account compromise , Microsoftmay suspend your account until you can reclaim ownership. If you are havingtrouble accessing your Microsoft account, please visit this website

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http://go.microsoft.com/fwlink/?LinkId=238656 . To manage your Skypeaccount, you must "Sign In" at www.skype.com .

iii. Kids and Accounts. By signing up, you represent that you have eitherreached the age of "majority" where you live or have valid parent or legalguardian consent to be bound by these Terms. If you do not know whetheryou have reached the age of majority where you live, or do not understandthis section, please do not create a Microsoft account or Skype account before

you have asked your parent or legal guardian for help. If you are the parent orlegal guardian of a minor that creates a Microsoft account or Skype account,you accept these Terms on the minor’s behalf and are responsible forsupervising your minor child in the use of the Microsoft account, Skypeaccount, or Services, including purchases, whether the minor’s account is nowopen or created later.

iv. Closing Your Account.

1. In addition to any rights you have to cancel as specified in the "RefundPolicy" section below section 9 g , you can cancel specific Services or

close your Microsoft account or Skype account at any time and for anyreason. To close your Microsoft account, please visithttp://go.microsoft.com/fwlink/p/?linkid=618278 . When you ask us toclose your Microsoft account, we will put it in a suspended state for 60days just in case you change your mind. After that 60‐day period, yourMicrosoft account will be closed. See section 4 a iv 2 below for adetailed explanation as to what happens when your Microsoft account isclosed. Logging back in during that 60 day period will reactivate yourMicrosoft account. To cancel your Skype account please submit a supportrequest to http://go.microsoft.com/fwlink/p/?linkid=618280 .

2. If your Services are cancelled or your Microsoft account or Skypeaccount is closed whether by you or us , a few things happen. First, yourright to use the Services stops immediately and your licence to use thesoftware related to the Services ends. Second, we’ll delete Data or YourContent associated with your Microsoft account or Skype account or willotherwise disassociate it from you and your Microsoft account or Skypeaccount unless we are required by law to keep it . As a result you will nolonger be able to access any of the Services or Your Content that you’vestored on those Services that require a Microsoft account. You shouldhave a regular backup plan. Third, you may lose access to material or

products you’ve acquired.b. Additional Equipment/Data Plans. To use many of the Services, you’ll need aninternet connection and/or data/mobile plan. You might also need additionalequipment, like a headset, camera or microphone. You are responsible forproviding all connections, plans and/or equipment needed to use the Services andfor paying the fees charged by the provider s of your connections, plans andequipment. Those fees are in addition to any fees you pay us for the Services andwe will not reimburse you for such fees. Check with your provider s to determine if there are any such fees that may apply to you.

c. Service Notifications. When there’s something important to tell you about aService you use, we’ll send you Service notifications and information the lawrequires us to provide to the email associated with your Microsoft account or, forSkype notifications, your Skype account. If you authorised use of your phonenumber for your Microsoft account or Skype account, then we may send Service

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Using Third‐Party Apps and Services

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Service Availability

notifications to you via SMS text message . Data or messaging rates may applywhen receiving notifications via SMS. We recommend you monitor and maintainthe email address you specified. If you don't consent to receive noticeselectronically, you must stop using the Services.

d. Support. Customer support for the Services is available athttp://support.microsoft.com . You may also send a notice to Microsoft followingthe procedures detailed in the Notices section of these Terms.

5. Using Third‐Party Apps and Services. Our Services may allow you to access or acquireproducts, services, websites, links, content, material, games or applications from thirdparties companies or people who aren’t Microsoft "Third‐Party Apps and Services " .

Many of our Services also help you find Third‐Party Apps and Services, and youunderstand that you are directing our Services to provide Third‐Party Apps and Servicesto you. The Third‐Party Apps and Services may also allow you to store Your Content orData with the publisher, provider or operator of the Third‐Party Apps and Services. TheThird‐Party Apps and Services may present you with a privacy policy or require you toaccept additional terms of use before you can install or use the Third‐Party App orService. See section 13 b for additional terms for applications acquired through theOffice Store, the Xbox Store or the Windows Store. You should review any additionalterms and privacy policies before acquiring or using any Third‐Party Apps and Services.Any additional terms do not modify these Terms. Microsoft does not license anyintellectual property to you as part of any Third‐Party Apps and Services. You agree toassume all risk and liability arising from your use of these Third‐Party Apps and Servicesand that Microsoft is not responsible for any issues arising out of your use of them.Microsoft is not responsible for information provided by third parties.

6. Service Availability.

a. The Services, Third Party Apps and Services, or material or products offeredthrough the Services may be unavailable from time to time, may be offered on alimited basis, or may vary depending on your region or device. If you change thelocation associated with your Microsoft account, you may need to re‐acquirematerial or applications that were available to you and paid for in your previousregion.

b. We strive to keep the Services up and running; however, all online services sufferoccasional disruptions and outages. In the event of an outage or disruption to the

Service, you may not be able to retrieve Your Content. We recommend that youregularly backup Your Content that you store on the Services or store using Third‐Party Apps and Services.

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Updates to the Services or Software,and Changes to These Terms

7. Updates to the Services or Software and Changes to These Terms.

a. We'll inform you if we intend to change these Terms. We may change theseTerms if it is necessary due to i applicable law, including, but not limited to, achange of such law; ii an advice and/or order based on applicable law; iii theevolution of the Services; iv technical reasons; v operational requirements or vian advantageous change of terms for the user. We'll inform you of the intendedchange before it takes effect, either through the user interface, in an email messageor through other reasonable means. We'll provide you the opportunity to cancelthe Services at least 30 days before the change becomes effective. Using theServices after the changes become effective means you agree to the new terms. If you do not agree to the new terms, you must stop using the Services and close

your Microsoft account and/or Skype account in accordance with section 4 a iv .We'll also expressly point to this fact when informing you about the intendedchange of these Terms.

b. We may automatically check your version of the software, which is necessary toprovide the Services and download software updates or configuration changes,without charging you, to update, enhance and further develop the Services,including those that prevent you from accessing the Services, playing counterfeitgames or using unauthorised hardware peripheral devices. You may also berequired to update the software to continue using the Services. Such updates shallbe subject to these Terms unless additional or other terms accompany the updates,in which case, those other terms apply. If you decline to accept the additional orother terms applicable to the updates, you may not receive or use the updates.Microsoft isn't obligated to make any updates available and doesn't guarantee thatwe will support the version of the system for which you licensed the software.

c. We continuously work to improve the Services and may change the Services ordelete features or stop providing access to Third‐Party Apps and Services in thatrespect at any time, including, without limitation, if our agreements with thirdparties no longer permit us to make their material available, if it is no longerfeasible for us to provide it, the technology advances, or if customer feedback

indicates a change is needed. For paid Services, we'll notify you in advance of material changes to the Services. We will also notify you in advance if a change tothe Services will cause you to lose access to Your Content. Except to the extentrequired by applicable law, we have no obligation to provide a re‐download orreplacement of any material, Digital Goods defined in section 13 b v orapplications previously purchased. If we cancel a paid Service, we’ll refund to youon a pro‐rata basis the amount of payments that you've made corresponding tothe portion of that Service remaining right before the cancellation.

d. So that you can use material protected with digital rights management DRM ,like some music, games, films and more, DRM software may automatically contact

an online rights server and download and install DRM updates.

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Software Licence

Payment Terms

8. Software Licence. Unless accompanied by a separate Microsoft licence agreement forexample, if you are using a Microsoft application that is included with and a part of Windows, then the Windows Software Licence Terms govern such software , and exceptas provided in section 13 b i below for applications available through the Office Store,

the Windows Store or the Xbox Store, any software provided by us to you as part of theServices is subject to these Terms.

a. If you comply with these Terms, we grant you the right to install and use onecopy of the software per device on a worldwide basis for use by only one person ata time as part of your use of the Services. The software or website that is part of theServices may include third‐party code. Any third party scripts or code, linked to orreferenced from the software or website, are licensed to you by the third partiesthat own such code, not by Microsoft. Notices, if any, for the third‐party code areincluded for your information only.

b. The software is licensed, not sold, and Microsoft reserves all rights to thesoftware not expressly granted by Microsoft under these Terms. This licence doesnot give you any right to, and you may not, unless expressly permitted byapplicable law:

i. circumvent or bypass any technological protection measures in or relating tothe software or Services;ii. disassemble, decompile, decrypt, hack, emulate, exploit or reverse engineerany software or other aspect of the Services that is included in or accessiblethrough the Services, except and only to the extent that the applicablecopyright law expressly permits doing so;

iii. separate components of the software or Services for use on differentdevices;iv. publish, copy, rent, lease, sell, export, import, distribute or lend the softwareor the Services, unless Microsoft expressly authorises you to do so;v. transfer the software, any software licences, or any rights to access or usethe Services;vi. use the Services in any unauthorised way that could interfere with anyoneelse’s use of them or gain access to any service, data, account or network;vii. enable access to the Services or modify any Microsoft‐authorised devicee.g. Xbox One, Xbox 360, Microsoft Surface, etc by unauthorised third‐party

applications.

9. Payment Terms. If you purchase a Service, then these payment terms apply to yourpurchase and you agree to them.

a. Charges. If there is a charge associated with a portion of the Services, you agreeto pay that charge. The price stated for the Services includes all applicable taxes,unless stated otherwise. You are solely responsible for paying such taxes or othercharges. Taxes are calculated based on your location at the time your Microsoftaccount was registered, unless stated otherwise. We may suspend or cancel the

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Services if we do not receive an on‐time, full payment from you. Suspension orcancellation of the Services for non‐payment could result in a loss of access to anduse of your account and its content. Connecting to the Internet via a corporate orother private network which masks your location may cause charges to be differentfrom those displayed for your actual location.

b. Your Billing Account. To pay the charges for a Service, you will be asked toprovide a payment method at the time you sign up for that Service. You can access

and change your billing information and payment method on the Microsoftaccount management website and for your Skype billing account by signing intoyour account at www.skype.com . Additionally, you agree to permit Microsoft to useany updated account information regarding your selected payment methodprovided by your issuing bank or the applicable payment network. You agree tokeep your billing account and contact information current at all times. If you tell usto stop using your payment method and don't provide us with another paymentmethod after our notice to you to do so within an appropriate timeframe, we maysuspend or cancel your paid Service for good cause. Changes made to your billingaccount won't affect charges we submit to your billing account before we couldreasonably act on your changes to your billing account.

c. Billing. By providing Microsoft with a payment method, you i represent that youare authorised to use the payment method that you provided and that anypayment information you provide is true and accurate; ii authorise Microsoft tocharge you for the Services or available content using your payment method andiii authorise Microsoft to charge you for any paid feature of the Services that you

choose to sign up for or use while these Terms are in force. As specified, we maybill you a in advance; b at the time of purchase; c shortly after purchase or don a recurring basis for subscription Services. Also, we may charge you up to theamount you have approved, and we will notify you in advance of any change in the

amount to be charged for recurring subscription Services. We may bill you at thesame time for more than one of your prior billing periods for amounts that haven'tpreviously been processed.

d. Recurring Payments. When you purchase the Services on a subscription basise.g. monthly, every 3 months or annually as applicable , you acknowledge and

agree that you are authorising recurring payment and payments shall be made toMicrosoft by the method you have chosen at the recurring intervals you haveagreed to, until the subscription for that Service is terminated by you or byMicrosoft. By authorising recurring payments, you are authorising Microsoft toprocess such payments as either electronic debits or fund transfers, or as electronicdrafts from your designated account in the case of Automated Clearing House orsimilar payments , or as charges to your designated account in the case of creditcard or similar payments collectively, "Electronic Payments" . Subscription fees aregenerally billed or charged in advance of the applicable subscription period. If anypayment is returned unpaid or if any credit card or similar transaction is rejected ordenied, Microsoft or its service providers reserve the right to collect any applicablereturn item, rejection or insufficient funds fee and to process any such payment asan Electronic Payment.

e. Automatic Renewal. Provided that automatic renewals are allowed in your

country, we will inform you by email before automatically renewing your Services,unless purchased on a subscription basis. Once we have informed you that theServices will be automatically renewed, we may automatically renew your Servicesand charge you the then current price for the renewal term. We will also remindyou that we will bill your chosen payment method for the Services renewal,

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whether it was on file on the renewal date or provided later. We will also provideyou with instructions on how you may cancel the Services. You must cancel theServices before the renewal date to avoid being billed for the renewal.

f. Online Statement and Errors. Microsoft will provide you with an online billingstatement on the Microsoft account management website , where you can view andprint your statement. For Skype accounts you can access your online statement bysigning into your account at www.skype.com . This is the only billing statement that

we provide. A VAT invoice may be available. If we make an error on your bill, we’llcorrect it promptly after you tell us or we notice it and we investigate the charge.You must tell us within 120 days after an obvious error first appears on your bill. If you don’t tell us within that time, you release us from all liability and claims of lossresulting from such error caused by slight negligence; further in that case we won’tbe required to correct the error.

g. Refund Policy. You will be entitled to a cancellation period a "Cooling‐OffPeriod " of fourteen 14 days from the day of purchase. If the Service is partlydelivered at the time of cancellation, you will get a pro‐rated refund. The Cooling‐Off Period ends at the time the Service is fully delivered to you and your purchasecannot be refunded. When you purchase digital content from us, you will cease tohave the right to cancel from the moment when you begin the download. Torequest a refund, complete the form at the account management link provided in"Cancelling the Services" below. Unless otherwise provided by law or by a particularService offer, all purchases are final and non‐refundable. If you believe thatMicrosoft has charged you in error, you must contact Microsoft and we willinvestigate the charge. If we issue a refund or credit, we are under no obligation toissue the same or similar refund in the future. Microsoft reserves the right to refusea refund request if it reasonably believes i if you are in breach of these Terms orii if Microsoft reasonably suspects that you are using our Products or Software

fraudulently or that your Microsoft or Skype account is being used by a third partyfraudulently. This refund policy does not affect any rights under applicable law. Formore refund information, please visit our help topic .

h. Cancelling the Services. You may cancel a Service as set out under "RefundPolicy" above at any time, with or without cause. For all Services other than Skype,information and directions on how to cancel a Service and request a refund usingour Withdrawal Form, if you are entitled to a refund, is provided on Microsoftaccount management website . For Skype, please complete the Withdrawal Formusing the information provided here . You should refer back to the offer describingthe Services as i you may not receive a refund at the time of cancellation; ii youmay be obligated to pay cancellation charges; iii you may be obligated to pay allcharges made to your billing account for the Services before the date of cancellation or iv you may lose access to and use of your account when youcancel the Services. If you cancel, your Services end at the end of your currentService period or, if we bill your account on a periodic basis, at the end of theperiod in which you cancelled.

i. Trial‐Period Offers. If you are taking part in any trial‐period offer, you must cancelthe trial Service s by the end of the trial period to avoid incurring new charges,unless we notify you otherwise. If you do not cancel the trial Service s by the end

of the trial period, we may charge you for the Service s at the price notified to youprior to the end of the trial period.

j. Promotional Offers. From time to time, Microsoft may offer Services for a trialperiod during which Microsoft will not charge you for the Services. Microsoft

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Contracting Entity and Choice of Law

reserves the right to charge you for such Services at the normal rate in the eventthat Microsoft determines in its reasonable discretion that you are breaching theterms and conditions of the offer.

k. Price Changes. If there is a fixed term and price for your Service offer, that pricewill remain in force for the term. You will need to agree to any new offer and priceif you want to continue the Services. If your Services are on a periodic basis forexample, monthly , with no specific time length, and isn't a trial offer, we may

change the price of the Services up to 5 per cent per year if we inform you at least30 days before the change will become effective. You will have the opportunity tocancel the Services before the price changes. When we notify you of the pricechange, we'll also inform you that the new price will become effective if you don'tcancel the Services.

l. Payments to You. If we owe you a payment, then you agree to timely andaccurately 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 thispayment to you. You must also comply with any other conditions we place on yourright to any payment. If you receive a payment in error, we may reverse or requirereturn of the payment. You agree to cooperate with us in our efforts to do this. Wemay also reduce the payment to you without notice to adjust it for any previousoverpayment.

m. Late payments. In case of late payments, you must pay for the reasonable costswe incur to collect any past due amounts including attorneys' fees and other legalfees and costs, as permitted by law and regulations. We may suspend or cancelyour Services if you fail to pay in full on time after we send you a reminder – withthe threat of suspension and/or cancellation of the Services – to make yourpayment within an appropriate time. You can avoid suspension or cancellation if

you make the required payment within the appropriate time set forth in thereminder. A different procedure will apply if the amount missing is marginal.Amounts missing below 2 per cent of the total invoice value will always be deemedmarginal. Suspension or cancellation of the Services for non‐payment could resultin the loss of access to your Microsoft account.

n. Gift Cards. Redemption and use of gift cards other than Skype gift cards aregoverned by the Microsoft Gift Card Terms and Conditions . Information on Skypegift cards is available on Skype’s Help page .

10. Contracting Entity and Choice of Law.

a. For Skype branded Services. For use of cost‐free, consumer Skype‐brandedsoftware and Services, you're contracting with, and all references to "Microsoft" inthese Terms shall mean, Skype Software S.à.r.l, 23 – 29 Rives de Clausen, L‐2165Luxembourg and for paid, consumer Skype‐branded Services, you’re contracting

with, and all references to "Microsoft" in these Terms shall mean, SkypeCommunications S.à.r.l, 23 – 29 Rives de Clausen, L‐2165 Luxembourg. These Termsshall be governed by and interpreted in accordance with the laws of Luxembourg.Mandatory consumer laws are not affected by this provision.

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Warranties

Limitation of Liability

b. For all other Services. If you live in or, if you are a business, your principal placeof business is in Europe and you are using cost‐free portions of the Services suchas Bing and MSN , you are contracting with Microsoft Corporation, One MicrosoftWay, Redmond, WA 98052, U.S.A. Unified Business Identifier: 600 413 485 . Thelaws of Washington State, USA govern all claims related to cost‐free Services,without prejudice to the mandatory law provisions which apply in the country towhich we direct our Services where you have your habitual residence. If you havepaid to use a portion of the Services such as Ad‐Free Outlook.com or Office‐branded portions of the Services , you are contracting with Microsoft IrelandOperations Limited, The Atrium Building, Block B, Carmanhall Road, SandyfordIndustrial Estate, Dublin 18, Ireland registered at the Companies Registration Officein Ireland under number 256796, VAT registration number: IE 8256796 U, with aregistered address of 70 Sir John Rogerson’s Quay, Dublin 2, Ireland . The laws of the country to which we direct your Services where you have your habitualresidence govern all claims relating to paid Services. With respect to jurisdiction,you and Microsoft agree to choose the courts of the country to which we directyour Services where you have your habitual residence for all disputes arising out of or relating to these Terms, or in the alternative, you may choose the responsible

court in Ireland.

11. Warranties. If you are a consumer, you have certain rights under the law. Theserights include an obligation on Microsoft to provide the Services using reasonable careand skill. Nothing in these terms is intended to limit or exclude our liability for anybreach by Microsoft of this. EXCEPT IN CASES IN WHICH WE HAVE HIDDEN DEFECTS INBAD FAITH OR DEFECTS HAVE RENDERED USE OF THE SERVICES IMPOSSIBLE ANDEXCEPT FOR SKYPE PAID PRODUCTS, WE PROVIDE THE SERVICES AS IS, WITH ALLFAULTS AND AS AVAILABLE. WE DON’T GUARANTEE THE ACCURACY ORTIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICES. YOU ACKNOWLEDGEAND AGREE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS AREN'T FAULT‐FREE AND THAT OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE CAN'TGUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR‐FREE. WE AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS AND VENDORS GIVE NO

CONTRACTUAL GUARANTEES OR CONDITIONS. YOU HAVE ALL MANDATORYWARRANTIES FORESEEN BY LAW, BUT WE GRANT NO OTHER WARRANTIES. WEEXCLUDE ANY IMPLIED MANDATORY WARRANTIES, INCLUDING THOSE OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORTAND NON‐INFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLELAW.

12. Limitation of Liability.

a. Microsoft shall not be liable for Your Content, material or other third party

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Service‐Specific Terms

Xbox Live and Microsoft Studios Gamesand Applications

material, including links to third‐party websites and activities provided by users.Such content and activities are neither attributable to Microsoft nor do theyrepresent Microsoft’s opinion.

b. Microsoft shall only be liable if material obligations of the Agreement have beenviolated.

c. Microsoft, its vicarious agents and/or its legal representatives shall not be liable

for any indirect damage, including financial loss, such as loss of profit, unlessMicrosoft, its vicarious agents and/or its legal representative have at least actedwith gross negligence or willful misconduct.

d. Any statutory no‐fault liability of Microsoft, including, without limitation, liabilityunder the product liability act and statutory liability for breach of warranty, shallremain unaffected by the limitation of liability. The same shall apply to liability ofMicrosoft, its vicarious agents and/or its legal representatives in the event of fraudor their negligence resulting in personal injury or death.

e. Microsoft is not responsible or liable for any failure to perform or delay in

performing its obligations under these Terms to the extent that the failure or delayis caused by circumstances beyond Microsoft’s reasonable control such as labourdisputes, acts of God, war or terrorist activity, malicious damage, accidents orcompliance with any applicable law or government order . Microsoft will endeavourto minimise the effects of any of these events and to perform the obligations thataren’t affected.

13. Service‐Specific Terms. The terms before and after section 13 apply generally to allServices. This section contains service‐specific terms that are in addition to the generalterms.

a. Xbox Live and Microsoft Studios Games and Applications.

i. Personal Noncommercial Use. Xbox Live, Games for Windows Live andMicrosoft Studios games, applications, services and content provided byMicrosoft collectively, the " Xbox Services " are only for your personal andnoncommercial use.

ii. Sharing Limited Account Information. As part of delivering the XboxServices, we make information pertaining to your gamertag, gameplay, YourContent that you make public, and activity on and usage of any Xbox Serviceavailable for the operation and delivery of a other Xbox Services and b

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Store

third‐party games that use Xbox Services. If you choose to link your MicrosoftXbox Services account with your account on a non‐Microsoft service forexample, a non‐Microsoft game publisher of Third‐Party Apps and Services ,you agree that: a Microsoft may share limited account information includingwithout limitation gamertag, gamerscore, game score, game history andfriends list , with that non‐Microsoft party as stated in the Microsoft PrivacyStatement and b if allowed by your Xbox privacy settings, the non‐Microsoftparty may also have access to Your Content from in‐game communicationswhen you are signed into your account with that non‐Microsoft party. Also, if allowed by your Xbox privacy settings, Microsoft can publish your gamertagand games that you’ve played in email to people on your Xbox friends list.

iii. Your Content. As part of building the Xbox Services community, you grantto Microsoft, its affiliates and sublicensees a free and worldwide right, to use,modify, reproduce, distribute and display Your Content or your name,gamertag, motto or avatar that you posted for any Xbox Services in whole orin part by any means or processes on any materials or support.

iv. Game Managers. Some games may use game managers and hosts. Gamemanagers and hosts are not authorised Microsoft spokespersons. Their viewsdo not necessarily reflect those of Microsoft.

v. Kids on Xbox. If you are a minor using Xbox Live, your parent or guardianmay have control over many aspects of your account and may receive reportsabout your use of Xbox Live.

vi. Game Currency or Virtual Goods. The Services may include a virtual, gamecurrency like gold, coins or points that may be purchased from Microsoftusing actual monetary instruments if you are a legal adult in your country of residence. The Services may also include virtual, digital items or goods thatmay be purchased from Microsoft using actual monetary instruments or usinggame currency. Game currency and virtual goods may never be redeemed foractual monetary instruments, goods or other items of monetary value fromMicrosoft or any other party. Other than a limited, personal, revocable, non‐transferable, non‐sublicensable licence to use the game currency and virtualgoods in the Services only, you have no right or title in or to any such gamecurrency or virtual goods appearing or originating in the Services, or any otherattributes associated with use of the Services or stored within the Services.Microsoft may at any time regulate, control, modify and/or eliminate the gamecurrency and/or virtual goods as it sees fit in its sole discretion.

b. Store. "Store" refers to a Service that allows you to browse, download, purchaseand rate and review applications the term "application" includes games and otherdigital content. These Terms cover use of Office Store, Windows Store and Xbox

Store. "Office Store" means a Store for Office products and apps for Office,SharePoint, Exchange, Access and Project 2013 versions or later . "Windows Store"means a Store for Windows devices such as phone, PC and tablet or any otherexperience that is branded Windows Store. "Xbox Store" means a Store for XboxONE and Xbox 360 consoles, or any other experience that is branded Xbox Store.

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i. Licence Terms. We will identify the publisher of each application available inthe relevant Store. The Standard Application License Terms SALT at the endof these Terms are an agreement between you and the application publishersetting forth the licence terms that apply to your use of an application youdownload through the Windows Store or the Xbox Store, unless differentlicence terms are provided with the application. Applications downloadedthrough the Office Store are not governed by the SALT and have separatelicence terms that apply. Section 5 of these Terms applies to any Third‐PartyApps and Services acquired through a Store.

ii. Updates. Microsoft will automatically check for and download updates toyour applications, even if you are not signed into the relevant Store. You canchange your Store or system settings if you prefer not to receive automaticupdates to Store applications. However, certain Office Store apps that areentirely or partly hosted online may be updated at any time by the appdeveloper and may not require your permission to update.

iii. Private Store Experiences. Some business organisations may provide access

to a "private store" experience for their employees, contractors and agents.These Terms do not cover use of a private store if any ; these Terms onlycover your personal, noncommercial use of the Stores.

iv. Ratings and Reviews. If you submit a rating or review for an application inthe Store, you may receive email from Microsoft containing content from thepublisher of the application. Any such email comes from Microsoft; we do notshare your email address with any publishers of applications you acquirethrough the Store.

v. When you obtain music, video or books directly from Microsoft, the

following terms apply: Through the Windows Store or the Xbox Store,Microsoft may enable you to obtain, listen to, view and/or read as the casemay be music, images, video, text, or other material Digital Goods that maybe obtained by you in digital form. The Digital Goods are solely for yourpersonal, noncommercial entertainment use. You agree not to redistribute,broadcast, publicly perform or publicly display or transfer any copies of theDigital Goods obtained through any of the Stores. Digital Goods may beowned by Microsoft or by third parties. However, in all circumstances, youunderstand and acknowledge that your rights with respect to Digital Goodsare limited by these Terms, copyright law and the usage rules located athttp://www.xbox.com/usagerules . You agree that you will not attempt tomodify any Digital Goods obtained through any of the Stores for any reasonwhatsoever, including for the purpose of disguising or changing ownership orsource of the Digital Goods. Microsoft and/or the owners of the Digital Goodsmay, from time to time, remove Digital Goods from the Stores without notice.

vi. Safety Warning. To avoid possible injury or eye strain, you should takeperiodic breaks from use of applications available through a Store, especially if you feel any pain or fatigue resulting from usage. A very small percentage of people may experience seizures when exposed to certain visual images likeflashing lights or patterns that may appear in applications. Even people with

no history of seizures may have an undiagnosed condition that can causethese 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

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Microsoft Family

Skype

applications if you’ve ever suffered symptoms linked to seizures. Parentsshould monitor their children’s use of applications for signs of symptoms.

c. Microsoft Family. Parents and kids can use Microsoft Family to build trust basedon a shared understanding of what behaviours, websites, apps, games, physicallocations and spending is right in their family. Parents can create a "Family" bygoing to https://account.microsoft.com/family or by following the instructions ontheir Windows device or Xbox console and inviting kids or other parents to join.There are many features available to Family members, so please carefully review theinformation provided when you agree to create or join a "Family." By creating or

joining a "Family," you represent that you will use the "Family" in accordance withits purpose and won’t use it in an unauthorised way to unlawfully gain access toanother person’s information.

d. Skype.

i. No Access to Emergency Services. There are important differences betweentraditional telephone services and Skype. Skype is not required to offer accessto Emergency Services under any applicable local and/or national rules,regulations or law. Skype’s software and products are not intended to supportor carry emergency calls to any type of hospitals, law enforcement agencies,medical care units or any other kind of services that connect a user toemergency services personnel or public safety answering points EmergencyServices . Skype may support calls to Emergency Services in a very limitednumber of countries and for limited software versions and platforms only. Youcan find details about availability and how to configure this feature here:http://www.skype.com/go/emergency . If your emergency call is connected,

you will need to provide details of your physical location to enable theemergency services to respond to you. Skype does not guarantee that youremergency call will be connected. You acknowledge and agree that: i it isyour responsibility to purchase, traditional wireless mobile or fixed linetelephone services that offer access to Emergency Services and ii Skype is nota replacement for your primary telephone service. Find out more about calling112, the dedicated emergency number for the EU atwww.skype.com/go/emergency .

ii. Changes to Skype paid products. If we make changes to Skype paidproducts which are detrimental to you, we’ll give you at least thirty days’notice of the changes and inform you of your right to terminate the affectedproduct before it changes. If you do not terminate the product before thechanges take effect, you agree to the changes. We will expressly inform you of this fact when we notify you.

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iii. APIs or Broadcasting. If you want to use Skype in connection with anybroadcast, you must comply with the "Broadcast TOS" athttp://www.skype.com/go/legal.broadcast . If you want to use any applicationprogramme interface "API" exposed or made available by Skype you mustcomply with the applicable licensing terms, which are available atwww.skype.com/go/legal .

iv. Fair Use Policies. Fair usage policies may apply to your use of Skype. Please

review these policies which are designed to protect against fraud and abuseand may place limits on the type, duration or volume of calls or messages thatyou are able to make. These policies are incorporated in these Terms byreference. You can find these policies athttp://www.skype.com/go/terms.fairusage .

v. Mapping. Skype contains features that allow you to submit information to,or plot yourself on a map using, a mapping service. By using those features,you agree to these Terms and the Google Maps terms available athttp://www.google.com/intl/en_ALL/help/terms_maps.html .

vi. Personal/Noncommercial Use. The use of Skype is for your personal andnoncommercial use. You are permitted to use your personal Skype account atwork for your own business communications.

vii. Skype Number/Skype To Go. If Skype provides you with a Skype Number orSkype To Go number, you agree that you do not own the number or have aright to retain that number forever. In certain countries, a number may bemade available to you by a Skype partner rather than Skype, and you mayneed to enter into a separate agreement with such partner.

viii. Skype Manager. A "Managed Account" is a Skype account that is created

and managed by you, acting as an individual administrator of your SkypeManager and not as a business entity. You may appoint additionaladministrators to your Skype Manager subject to their acceptance of theseTerms. You are responsible for all use of your Managed Accounts. ManagedAccounts are for individual use only and may not be shared. If you allocateSkype Numbers to a Managed Account, you are responsible for compliancewith any requirements related to the residency or location of your ManagedAccount users. If you choose to delete a Managed Account, any allocatedsubscriptions or unclaimed Skype Credit or Skype Numbers may be lost andYour Content or material associated with the deleted Managed Account will no

longer be accessible by you. Skype reserves the right to cancel ManagedAccounts that have been inactive for more than one year. You agree to processany personal information of your Managed Account users in accordance withall applicable data protection laws.

ix. Skype Charges and Refunds. The charges payable for calling phones outsideof a subscription consist of a connection fee charged once per call and a per‐minute rate as set out on www.skype.com/go/allrates . Call charges will bededucted from you Skype Credit balance. Skype may change the rates forcalling phones and premium rate numbers that are not part of a subscription.If the changes are substantial and not advantageous to you e.g. if we increase

the rates , we will inform you by email or in some other appropriate manner atleast thirty 30 days before the rate changes take effect. After thirty 30 days,the new rates will apply to your next call. You can find the current rates atwww.skype.com/go/allrates . If you do not accept the new rates you should notmake a call. Fractional call minutes and fractional cent charges will be rounded

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Bing and MSN

up to the next whole unit. All prices for Skype paid products are inclusive of applicable taxes, including VAT, unless otherwise stated. VAT is calculatedbased on the billing address provided. You explicitly waive any right to VATreimbursement from Skype if the amount of VAT ultimately payable by thelatter to the tax authorities would for any reason be lower than the amount of VAT collected from you. Skype paid products are not available to customers inMount Athos, Canary Islands, French Overseas Departments, Aland Islands,Channel Islands, Heligoland Island, Büsingen / Buesingen Territory, Ceuta,Melilla, Livigno, Campione d'Italia and Italian Waters of Lake Lugano. If youhave made use of a Skype paid product in any way, your Cooling‐Off Periodwill be extinguished and your purchase cannot be cancelled or refunded.Expenditure of Skype Credit, allocation of a Skype Number or use of asubscription amounts to ‘full delivery’ and/or ‘use’ of a Skype paid product.You expressly agree that Skype Numbers may be allocated before the end of the Cooling‐Off Period and become non‐refundable upon allocation. Outsideof the Cooling‐Off Period, only unused or unexpired Skype subscriptions arerefundable subject to these Terms. The Cooling‐Off Period and refunds do notapply to Skype paid products that are i purchased via a third party partner; ii

paid for in cash using third‐party payment methods such as a cash paymentwallet ; iii not directly purchased online from Skype e.g. vouchers or pre‐paidcards or iv allocated to your account by a third party.

x. Skype Credit. Skype does not guarantee that you will be able to use yourSkype Credit balance to purchase all Skype paid products. If you do not useyour Skype Credit for a period of 180 days, Skype will place your Skype Crediton inactive status. You can reactivate the Skype Credit by following thereactivation link at http://www.skype.com/go/store.reactivate.credit . You canenable the Auto Recharge feature when you buy Skype Credit by ticking theappropriate box. If enabled, your Skype Credit balance will be recharged withthe same amount and by your chosen payment method every time your Skypeaccount balance goes below the threshold set by Skype from time to time. If you purchased a subscription with a payment method other than credit card,PayPal or Moneybookers Skrill , and you have enabled Auto‐Recharge, yourSkype Credit balance will be recharged with the amount necessary to purchaseyour next recurring subscription. You can disable Auto‐Recharge at any timeby accessing and changing your settings in your Skype account.

e. Bing and MSN.

i. Bing and MSN Materials. The articles, text, photos, maps, videos, videoplayers and third‐party material available on Bing and MSN are for yournoncommercial, personal use only. Other uses, such as downloading, copyingor redistributing these materials, are permitted only to the extent specificallyauthorised by Microsoft or rights holders, or allowed by applicable copyright

law. Microsoft or other rights holders reserve all rights to the material notexpressly granted by Microsoft under the licence terms.

ii. Bing Maps. You may not use Bird's eye imagery of the United States,Canada, Mexico, New Zealand, Australia or Japan for governmental use

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Cortana

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Outlook.com

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Office‐based Services

HealthVault

without our separate written approval.

f. Cortana. Cortana is Microsoft’s personal assistant Service. Cortana providesinformation for your planning purposes only and you should exercise your ownindependent judgment when reviewing and relying on this information. Microsoftdoes not guarantee the accuracy, completeness, reliability, availability or timelinessof inferences and personalised experiences provided by Cortana. Microsoft is notresponsible if a Cortana communication management feature delays or preventsyou from reviewing or sending a communication.

g. Outlook.com. The Outlook.com or @msn, @hotmail or @live email address thatyou use to create your Microsoft account will be unique to you for as long as yourOutlook.com inbox or Microsoft account is still active. In the event yourOutlook.com inbox or Microsoft account is closed either by you or by Microsoftpursuant to these Terms, the email address or username may be recycled into oursystem and assigned to another user.

h. Office‐based Services. Office consumer‐based services, applications or productsincluding Sway and OneNote are for your personal, noncommercial use, unless

you have commercial use rights under a separate agreement with Microsoft.

i. HealthVault. HealthVault is intended for you to store your personal health‐relatedinformation and information about other people such as your family with their

consent. HealthVault accounts are not for use by healthcare providers or for anyother commercial or non‐personal purpose. The information in your account maynot always be accurate or up‐to‐date and should be viewed by any healthcareprovider as informational only. The HealthVault Service does not hold records forhealthcare providers or other medical or case management purposes. For example,

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Miscellaneous

NOTICES

HealthVault records are not designated record sets as defined under USregulations. If a healthcare provider decides to include any data made availablefrom HealthVault in its records, it should store a copy in its own system. If there is aco‐custodian of a record in your account because one of you invited the other ,you acknowledge that the co‐custodian has full control over that record and maycancel your access to the record, manage other peoples' access to the record andview the record's data including how and when the record is used. Microsoft doesnot support non‐Microsoft credentials such as Facebook and OpenID , soHealthVault customer support will not be able to help with sign‐in issues for those.If you lose your sign‐in credentials, or if the account where you got your credentialscloses, you will not be able to recover your stored data. To help maintain continuedaccess, we suggest you use more than one sign‐in credential with your HealthVaultaccount. Microsoft does not endorse or control, and is not responsible for, theoperation, support, or security of non‐Microsoft credentials you may use.

14. Miscellaneous. This section, and sections 1, 9 for amounts incurred before the endof these Terms , 10, 11, 12 and those that by their terms apply after it ends will surviveany termination or cancellation of these Terms. We may assign, transfer or otherwisedispose of our rights and obligations under these Terms, in whole or in part, so long assuch assignment, transfer or disposal isn’t to your detriment, at any time without notice.You may not assign, transfer or otherwise dispose of these Terms or any rights to usethe Services. This is the entire agreement between you and Microsoft for your use of the

Services. It supersedes any prior agreements between you and Microsoft regarding youruse of the Services. All parts of these Terms apply to the maximum extent permitted byrelevant law. If a court or arbitrator holds that we can't enforce a part of these Terms aswritten, those terms shall be deemed replaced with similar terms to the extentenforceable under the relevant law, but the rest of these Terms won't change. TheseTerms are solely for your and our benefit. It isn't for the benefit of any other person,except for Microsoft’s successors and assigns. Section headings are for reference only.

15. Export Laws. You must comply with all domestic and international export laws andregulations that apply to the software and/or Services, which include restrictions ondestinations, end users and end use. For further information on geographic and export

restrictions, visit http://go.microsoft.com/fwlink/?linkid=141397 andhttp://www.microsoft.com/exporting .

16. Unsolicited Ideas. Microsoft does not consider or accept unsolicited proposals orideas, including without limitation ideas for new products, technologies, promotions,product names, product feedback and product improvements "Unsolicited Feedback" .If you send any Unsolicited Feedback to Microsoft through the Services or otherwise,you acknowledge and agree that Microsoft shall not be under any obligation of confidentiality with respect to the Unsolicited Feedback.

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Notices and procedure for making claims of intellectual property infringement.Microsoft respects the intellectual property rights of third parties. If you have claims of intellectual property infringement, including claims of copyright infringement, werecommend that you send such notice to Microsoft's designated agent. For details andcontact information, see Notice and Procedure for Making Claims of CopyrightInfringement .

Microsoft uses the processes set out in Title 17, United States Code, Section 512 to

respond to notices of copyright infringement. In appropriate circumstances, Microsoftmay also disable or terminate accounts of users of Microsoft services who may berepeat infringers.

Notices and procedures regarding intellectual property concerns in advertising. Pleasereview our Intellectual Property Guidelines regarding intellectual property concerns onour advertising network.

Copyright and trademark notices. The Services are copyright © 2015 MicrosoftCorporation and/or its suppliers, One Microsoft Way, Redmond, WA 98052, USA. Allrights reserved. Microsoft and the names, logos and icons of all Microsoft products,software and services may be either trademarks or registered trademarks of Microsoft in

the United States and/or other countries. The names of actual companies and productsmay be the trademarks of their respective owners. Any rights not expressly granted inthese Terms are reserved. Certain software used in certain Microsoft website servers isbased in part on the work of the Independent JPEG Group. Copyright © 1991‐1996Thomas G. Lane. All rights reserved. "gnuplot" software used in certain Microsoftwebsite servers is copyright © 1986‐1993 Thomas Williams, Colin Kelley. All rightsreserved.

Medical notice. Microsoft does not provide medical or any other health care advice,diagnosis or treatment. Always seek the advice of your physician or other qualifiedhealth care provider with any questions you may have regarding a medical condition,

diet, fitness or wellness programme. Never disregard professional medical advice ordelay in seeking it because of information you accessed on or through the Services.

Stock quotes and index data including index values . © 2013 Morningstar, Inc. AllRights Reserved. The information contained herein: 1 is proprietary to Morningstarand/or its content providers; 2 may not be copied or distributed and 3 is notwarranted to be accurate, complete or timely. Neither Morningstar nor its contentproviders are responsible for any damages or losses arising from any use of thisinformation. Past performance is no guarantee of future results.

You may not use any of the Dow Jones Indexes SM, index data or the Dow Jones marksin connection with the issuance, creation, sponsorship, trading, marketing or promotionof any financial instruments or investment products for example, derivatives, structuredproducts, investment funds, exchange‐traded funds, investment portfolios, etc., wherethe price, return and/or performance of the instrument or investment product is basedon, related to, or intended to track any of the Indexes or a proxy for any of the Indexeswithout a separate written agreement with Dow Jones.

Financial notice. Microsoft isn't a broker/dealer or registered investment advisor underUnited States federal securities law or securities laws of other jurisdictions and doesn'tadvise individuals as to the advisability of investing in, purchasing or selling securities orother financial products or services. Nothing contained in the Services is an offer orsolicitation to buy or sell any security. Neither Microsoft nor its licensors of stock quotesor index data endorse or recommend any particular financial products or services.Nothing in the Services is intended to be professional advice, including but not limitedto, investment or tax advice.

Notice about the H.264/AVC, MPEG‐4 Visual and VC‐1 Video Standards. The software

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STANDARD APPLICATION LICENCETERMS

may include H.264/AVC, MPEG‐4 Visual and/or VC‐1 codec technology that may belicensed by MPEG LA, L.L.C. This technology is a format for data compression of videoinformation. MPEG LA, L.L.C. requires this notice:

THIS PRODUCT IS LICENSED UNDER THE H.264/AVC, MPEG‐4 VISUAL AND THE VC‐1PATENT PORTFOLIO LICENCES FOR THE PERSONAL AND NONCOMMERCIAL USE OF ACONSUMER TO A ENCODE VIDEO IN COMPLIANCE WITH THE STANDARDS"VIDEOSTANDARDS" AND/OR B DECODE H.264/AVC, MPEG‐4 VISUAL AND VC‐1 VIDEOTHAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL ANDNONCOMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDERLICENSED TO PROVIDE SUCH VIDEO. NONE OF THE LICENCES EXTEND TO ANY OTHERPRODUCT REGARDLESS OF WHETHER SUCH PRODUCT IS INCLUDED WITH THISSOFTWARE IN A SINGLE ARTICLE. NO LICENCE IS GRANTED OR SHALL BE IMPLIED FORANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA,L.L.C. SEE THEMPEG LA WEBSITE.

For clarification purposes only, this notice does not limit or inhibit the use of thesoftware provided under these Terms for normal business uses that are personal to thatbusiness which do not include i redistribution of the software to third parties or iicreation of material with the VIDEO STANDARDS compliant technologies fordistribution to third parties.

STANDARD APPLICATION LICENCE TERMS

WINDOWS STORE AND XBOX STORE

These licence terms are an agreement between you and the application publisher.Please read them. They apply to the software applications you download from theWindows Store or the Xbox Store, including any updates or supplements for theapplication, unless the application comes with separate terms, in which case thoseterms apply.

IF YOU DO NOT ACCEPT THESE TERMS, YOU HAVE NO RIGHT TO AND MUST NOTDOWNLOAD OR USE THE APPLICATION.

The application publisher means the entity licensing the application to you, as identifiedin the Windows Store or Xbox Store.

If you comply with these licence terms, you have the rights below.

1. INSTALLATION AND USE RIGHTS. For applications you download from theWindows Store: a you may install and use the application on a Windows device ordevices that are affiliated with the Microsoft account you use to access theWindows Store and b the device limit for the application is displayed in the Storeor, for some applications downloaded on the Xbox console, the Xbox Live UsageRules. For applications you download from the Xbox Store, you may install and use

the application on Xbox consoles as described in the Xbox Live Usage Rules.Microsoft reserves the right to modify the Xbox Live Usage Rules at any time.

2. INTERNET‐BASED SERVICES.

a. Consent for Internet‐based or wireless services. If the application connects

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to computer systems over the Internet, which may include via a wirelessnetwork, using the application operates as your consent to the transmission of standard device information including but not limited to technical informationabout your device, system and application software and peripherals forInternet‐based or wireless services. If other terms are presented in connectionwith your use of the services accessed using the application, those terms alsoapply.

b. Misuse of Internet‐based services. You may not use any Internet‐basedservice in any way that you intentionally harm it or impair anyone else’s use of it or the wireless network. You may not use the service to try to gainunauthorised access to any service, data, account or network by any means.

3. SCOPE OF LICENCE. The application is licensed, not sold. This agreement onlygives you some rights to use the application. If Microsoft disables the ability to usethe applications on your devices pursuant to your agreement with Microsoft, anyassociated licence rights will terminate. The application publisher reserves all otherrights. Unless applicable law gives you more rights despite this limitation, you mayuse the application only as expressly permitted in this agreement. In doing so, youmust comply with any technical limitations in the application that only allow you touse it in certain ways. You may not:

a. Work around any technical limitations in the application.b. Reverse engineer, decompile or disassemble the application, except andonly to the extent that it is expressly permitted by applicable copyright lawprovisions for computer programmes.c. Make more copies of the application than specified in this agreement orallowed by applicable law, despite this limitation.d. Publish or otherwise make the application available for others to copy.e. Rent, lease or lend the application.f. Transfer the application or this agreement to a third party.

4. DOCUMENTATION. If documentation is provided with the application, you maycopy and use the documentation for personal reference purposes.

5. TECHNOLOGY AND EXPORT RESTRICTIONS. The application may be subject toUnited States or international technology control or export laws and regulations.You must comply with all domestic and international export laws and regulationsthat apply to the technology used or supported by the application. These lawsinclude restrictions on destinations, end users and end use. For information onMicrosoft branded products, go to the Microsoft exporting website .

6. SUPPORT SERVICES. Contact the application publisher to determine if anysupport services are available. Microsoft, your hardware manufacturer and yourwireless carrier unless one of them is the application publisher are not responsiblefor providing support services for the application.

7. ENTIRE AGREEMENT. This agreement, any applicable privacy policy and theterms for supplements and updates are the entire licence agreement between youand application publisher for the application.

8. APPLICABLE LAW.

a. United States and Canada. If you acquired the application in the UnitedStates or Canada, the laws of the state or province where you live or, if abusiness, where your principal place of business is located govern theinterpretation of these terms, claims for breach of them and all other claims

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Covered Services

including consumer protection, unfair competition and tort claims , regardlessof conflict of law principles.

b. Outside the United States and Canada. If you acquired the application in anyother country, the laws of that country apply.

9. LEGAL EFFECT. This agreement describes certain legal rights. You may have otherrights under the laws of your state or country. This agreement doesn’t change your

rights under the laws of your state or country if the laws of your state or countrydon’t permit it to do so.

10. DISCLAIMER OF WARRANTY. The application is licensed as‐is , with all faultsand as available. The application publisher, on behalf of itself, Microsoft ifMicrosoft isn’t the application publisher , wireless carriers over whose network theapplication is provided and each of our respective affiliates, vendors, agents andsuppliers Covered Parties , give no additional contractual warranties, guaranteesor conditions in relation to the application. You have all mandatory warrantiesforeseen by law, but we grant no other warranties. Covered Parties exclude anyimplied mandatory warranties, including those of merchantability, fitness for a

particular purpose and non‐infringement.

11. LIMITATION ON REMEDIES AND DAMAGES.

a. The application publisher shall not be liable for any user content or otherthird‐party material, including links to third‐party websites, and activitiesprovided by users. Such content and activities are neither attributable to theapplication publisher nor do they represent the application publisher’s opinion.

b. The application publisher shall only be liable if material obligations of theselicence terms have been violated.

c. The application publisher, its vicarious agents and/or its legal representativesshall not be liable for any unforeseeable damage and/or financial loss withrespect to any indirect damage, including loss of profit, unless the applicationpublisher, its vicarious agents and/or its legal representatives have at leastacted with gross negligence or willful misconduct.

d. Any statutory no‐fault liability of application publisher, including, withoutlimitation, liability under the product liability act and statutory liability forbreach of warranty, shall remain unaffected by the limitation of liability. Thesame shall apply to liability of application publisher, its vicarious agents and/orits legal representative in the event of fraud or their negligence resulting inpersonal injury or death.

e. No other contractual and legal claims besides those covered in subsectionsi to iv of this section 11 may result from these application license terms

and/or the use of the application or services made available through theapplication.

The following products, apps and services are covered by the Microsoft Services

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Agreement, but may not be available in your market.

Account.microsoft.comAdvertising.microsoft.comBing AppsBing DesktopBing DictionaryBing in the ClassroomBing InputBing MapsBing NavigationBing ReaderBing RewardsBing Search appBing ToolbarBing TorqueBing TranslatorBing WebmasterBing Wikipedia BrowserBing.comBingBingplaces.comChoice.microsoft.comCitizen NextCortanaDefault Homepage and New Tab Page on Microsoft EdgeDevice Health AppGrooveHealthVault

Maps AppMicrosoft accountMicrosoft FamilyMicrosoft HealthMicrosoft TranslatorMicrosoft WallpaperMicrosoft XiaoIceMSN Dial UpMSN ExplorerMSN Food & Drink

MSN Health & FitnessMSN MoneyMSN NewsMSN PremiumMSN SportsMSN TravelMSN WeatherMSN.comNext Lock ScreenOffice 365 ConsumerOffice 365 HomeOffice 365 PersonalOffice 365 UniversityOffice OnlineOffice StoreOffice Sway

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Office.comOneDrive.comOneDriveOnenote.comOneNoteOutlook.comPicturesque Lock ScreenPix LockSkype in the ClassroomSkype ManagerSkype QikSkype WiFiSkype.comSkypeSmart SearchSnipp3tSpreadsheet KeyboardSway.com

TranslatorUrWeatherWindows Live MailWindows Live WriterWindows Movie MakerWindows Photo GalleryXbox and Windows Games published by MicrosoftXbox LiveXbox Music PassXbox MusicXbox Video

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