STANDARD APPLICATION LICENCE TERMS
FOR APPLICATIONS OFFERED IN THE EUROPEAN ECONOMIC AREA
MICROSOFT STORE, WINDOWS STORE AND XBOX STORE
Updated October 2017
These licence terms are an agreement between you and the application publisher. Please read them. They apply to the software applications you download from the Microsoft Store, Windows Store or Xbox Store (each of which is referred to in these licence terms as the "Store"), including any updates or supplements for the application, unless the application comes with separate terms, in which case those terms apply.
IF YOU DO NOT ACCEPT THESE TERMS, YOU HAVE NO RIGHT TO AND MUST NOT DOWNLOAD OR USE THE APPLICATION.
The application publisher means the entity licencing the application to you, as identified in the Store.
If you comply with these licence terms, you have the rights below.
2. INTERNET-BASED SERVICES.
a. Consent for Internet-based or wireless services. If the application connects to computer systems over the Internet, which may include via a wireless network, 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. If other terms are presented in connection with your use of the services accessed using the application, those terms also apply.
b. Misuse of Internet-based services. You may not use any Internet-based service 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 gain unauthorised access to any service, data, account or network by any means.
3. SCOPE OF LICENCE. The application is licensed, not sold. This agreement only gives you some rights to use the application. If Microsoft disables the ability to use the applications on your devices pursuant to your agreement with Microsoft, any associated licence rights will terminate. The application publisher reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the application only as expressly permitted in this agreement. 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:
a. Work around any technical limitations in the application.
b. Reverse engineer, decompile or disassemble the application, except and only to the extent that it is expressly permitted by applicable copyright law provisions for computer programs.
c. Make more copies of the application than specified in this agreement or allowed 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 any third party.
4. DOCUMENTATION. If documentation is provided with the application, you may copy and use the documentation for personal reference purposes.
5. TECHNOLOGY AND EXPORT RESTRICTIONS. The application may be subject to United States or international technology control or export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the technology used or supported by the application. These laws include restrictions on destinations, end users and end use. For information on Microsoft branded products, go to the Microsoft exporting website (http://go.microsoft.com/fwlink/?LinkId=242130).
6. SUPPORT SERVICES. Contact the application publisher to determine if any support services are available. Microsoft, your hardware manufacturer and your wireless carrier (unless one of them is the application publisher) aren’t responsible for providing support services for the application.
8. APPLICABLE LAW.
a. United States and Canada. If you acquired the application in the United States or Canada, the laws of the state or province where you live (or, if a business, where your principal place of business is located) govern the interpretation of these terms, claims for breach of them and all other claims (including consumer protection, unfair competition and tort claims), regardless of conflict of law principles.
b. Outside the United States and Canada. If you acquired the application in any other country, the laws of that country apply.
9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights 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 country don’t permit it to do so.
10. DISCLAIMER OF WARRANTY. The application is licenced "as-is", "with all faults" and "as available". The application publisher, on behalf of itself, Microsoft (if Microsoft isn’t the application publisher), wireless carriers over whose network the application is provided and each of our respective affiliates, vendors, agents and suppliers ("Covered Parties" ), give no additional contractual warranties, guarantees or conditions in relation to the application. You have all mandatory warranties foreseen by law, but we grant no other warranties. Covered Parties exclude any implied mandatory warranties, including those of merchantability, fitness for a particular purpose, safety, comfort and non-infringement.
11. LIMITATION ON REMEDIES AND DAMAGES.
a. The application publisher shall not be liable for any user content or other third-party material, including links to third-party websites and activities provided by users. Such content and activities are neither attributable to the application publisher nor do they represent the application publisher’s opinion.
b. The application publisher shall only be liable if material obligations of these licence terms have been violated.
c. The application publisher, its vicarious agents and/or its legal representatives shall not be liable for any unforeseeable damage and/or financial loss with respect to any indirect damage, including loss of profit, unless the application publisher, its vicarious agents and/or its legal representatives have at least acted with gross negligence or willful misconduct.
d. Any statutory no-fault liability of the application publisher, including, without limitation, liability under the product liability act and statutory liability for breach of warranty, shall remain unaffected by the limitation of liability. The same shall apply to liability of the application publisher, its vicarious agents and/or its legal representative in the event of fraud or their negligence resulting in personal injury or death.
e. No other contractual and legal claims besides those covered in subsections (a) through (e) of this section 11 may result from these application licence terms and/or the use of the application or services made available through the application.