MICROSOFT HL2 DEVELOPMENT EDITION TERMS



These Microsoft HL2 Development Edition Terms (“Developer Terms”) are an agreement between you and Microsoft and supplements the Microsoft Terms of Sale, the Microsoft License Terms, and the applicable Manufacturer’s Limited Hardware Warranty & Agreement[NN1]  (collectively, the “Standard Terms”) to add additional terms applicable to your purchase and use of the Microsoft HoloLens 2 Development Edition (“Product”).  In the event of any conflict between these Terms and the Standard Terms, these Terms will apply.
BY PURCHASING OR USING THE PRODUCT, YOU AGREE TO THESE TERMS.  PLEASE READ AND SAVE A COPY FOR YOUR RECORDS.  IF YOU DO NOT ACCEPT THESE TERMS, DO NOT PURCHASE THE PRODUCT.

1. Product Purchase Limitations and Permitted Uses. 

Purchase of the Product is limited to one (1) Product per order.  Purchases of the Product are only available through the Microsoft Store.  You may not resell or otherwise provide the Product to any third-party.  You may only use the Product, including any Microsoft software received in connection with the Product, for internal building and testing of enterprise applications to be used in connection with the commercial edition of the Microsoft HoloLens 2 in a production setting (whether internally or externally) (“Permitted Use”).  You will not use the Product for any commercial purpose, including any deployment or distribution of the Product as part of a commercial solution in a commercial setting (whether internally or externally), or for any consumer or other use.

To the extent permitted by your local law, Microsoft is not responsible for, and any applicable warranties granted by Microsoft to you in relation to the Product under the Standard Terms do not apply and will be null and void, in the event (a) you purchase more than one Product or (b) you, or your organization, uses the Product for any purpose other than the Permitted Use. 

In addition to any rights and remedies available to Microsoft under applicable law and the Standard Terms, Microsoft may, in its sole discretion, terminate your rights to use the Product and any related Microsoft software provided in connection with the Product if you use the Product for any purpose other than the Permitted Use or otherwise breach these Terms.

2. Entitlements.

As part of your purchase of the Product, Microsoft may, in its sole discretion, provide you with certain entitlements identified during the checkout process, such as the right to redeem certain discount credits or trial access to certain Microsoft or third-party services or tools for a limited period (“Entitlements”).  More information regarding such Entitlements, including the method by which you can redeem such Entitlements, will be provided to you after your purchase.  Please note that redemption and/or duration of use of some Entitlements may be time-limited and it is your responsibility to review the additional information and redeem your Entitlement during the applicable redemption period.  

You understand and acknowledge that your redemption of the Entitlements, and your use of any Microsoft or third-party services or tools associated with such Entitlements, may be subject to your agreement to separate terms and conditions.  Such additional terms will be made available to you upon redemption and will also govern your use the Microsoft or third-party services or tools associated with such Entitlements.  Microsoft, or its third-party supplier, may discontinue the offering of Entitlements at any time without notice to you.

TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, MICROSOFT AND ITS SUPPLIERS AND DISTRIBUTORS MAKE NO, AND HEREBY SPECIFICALLY DISCLAIMERS, ANY EXPRESS OR IMPLIED WARRANTIES, GUARANTEES, OR CONDITIONS, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, OR NON-INFRINGEMENT  WITH RESPECT TO ANY ENTITLEMENTS OR ANY MICROSOFT OR THIRD-PARTY SERVICES OR TOOLS ASSOCIATED WITH SUCH ENTITLEMENTS.  THE MICROSOFT OR THIRD-PARTY SERVICES OR TOOLS ASSOCIATED WITH SUCH ENTITLEMENTS ARE WARRANTED, IF AT ALL, ONLY UNDER THE APPLICABLE TERMS AND CONDITIONS PROVIDED TO YOU AT THE TIME OF REDEMPTION.  YOU UNDERSTAND AND ACKNOWLEDGE THAT (A) YOUR REDEMPTION OF ENTITLEMENTS AND YOUR USE OF MICROSOFT OR THIRD-PARTY SERVICES OR TOOLS ASSOCIATED WITH SUCH ENTITLEMENTS ARE AT YOUR OWN RISK; (B) THE ENTITLEMENTS ARE PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE"; (C) YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF ANY MICROSOFT OR THIRD-PARTY SERVICES OR TOOLS ASSOCIATED WITH SUCH ENTITLEMENTS THAT YOU REDEEM; AND (D) SHOULD THE MICROSOFT OR THIRD-PARTY SERVICES OR TOOLS ASSOCIATED WITH SUCH ENTITLEMENTS PROVE DEFECTIVE, MICROSOFT HAS NO LIABILITY TO YOU UNDER THESE TERMS OR ANY OTHER TERMS.

MICROSOFT DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF THE ENTITLEMENTS OR ANY INFORMATION MADE AVAILABLE TO YOU REGARDING THE ENTITLEMENTS. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL DOWNTIME OCCURS.  WE DO NOT WARRANT THAT REDEMPTION OF THE ENTITLEMENTS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT CONTENT LOSS WON’T OCCUR.

3. Additional Terms.

These Terms apply to the maximum extent permitted by your local law.  If a court or arbitrator holds that Microsoft cannot enforce a part of these Terms as written, those parts shall be deemed replaced with similar terms to the extent enforceable under the relevant law (or where a local court or arbitrator will not amend these Terms, such part will be severed), but the rest of these Terms will remain in effect.