Community Program Terms of Use

Microsoft Studios Community Program

Participation Agreement

 

Posted and effective:  AUGUST 2015

 

IF YOU LIVE IN THE UNITED STATES, SECTION 14 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH MICROSOFT. PLEASE READ IT.

 

Thank you for choosing to participate in the Microsoft Studios Community Program! The purpose of the Program is to:

  1. provide participants with early access to (i) experimental and prerelease software, (ii) Content, (iii) Communications Services, and other related materials and interactions (collectively, the “Program Services”); and
  2. provide Microsoft and third party developers and publishers who make their Program Services available through the Microsoft Studios Community Program (each, a “Participating Developer”) with feedback and detailed usage data about all activities occurring on those devices and interactions between the devices and Program Services so that Microsoft and its Participating Developers can improve their products and services.

This is an Agreement between you and Microsoft Corporation (or, based on where you live, one of its affiliates) and governs your participation in this Program and use of the Program Services. Please review the entire Agreement because all of the terms are important and together create a legal Agreement that, once accepted by you, applies to you. If you are entering into this Agreement on behalf of an entity, such as your employer, you represent that you have the legal authority to bind that entity.

IMPORTANT NOTICE

The Program Services include experimental and early prerelease software. This means that you may experience occasional crashes and data loss. To recover, you may have to reinstall your applications. In some instances, once you install the Program Services software, you may not be able to go back to the prior version of the software.

The Program Services may:

  •     automatically collect and transmit data to Microsoft and its Participating Developers regarding activities on your devices, including personal information (see Privacy Statement for details);
  •     not be stable or tested to the same level as commercially-released software;
  •     stop working, be updated, or removed from your device automatically without notice. The Program Services update automatically, for example, through Xbox Update. Automatic updating cannot be turned off. Some features may be removed or may stop working after a predetermined time period or at the end of an evaluation cycle once enough data has been collected. Some third party applications installed on the device may also not work, may stop working, or may be automatically deleted by the Program Services; and
  •     change before commercial release or may never be commercially released.

 

  1.         Scope of Agreement; Changes; Minors

1.1    Agreement. The Agreement governs your use of the Program Services and consists of the notices and warnings above, these terms, terms incorporated by reference, and the Privacy Statements (together, the “Agreement”). Additional terms may be applicable to software, supplements, updates, and other Microsoft and Participating Developer’s web sites and services that you use and are necessary to use the Program Services (collectively, “Additional Terms”), including the terms governing your Microsoft account (i.e., Xbox LIVE account), the Microsoft Services Agreement . and a Participating Developer’s Program Services. To the extent those Additional Terms conflict with this Agreement, the Additional Terms will control. You understand that you will read all terms before using the Program Services, including any linked terms. You understand and agree that by using the Program Services, you ratify this Agreement and all the linked and Additional Terms.

1.2    Changes to Agreement. From time to time, Microsoft may change or amend this Agreement. If we do, we will notify you, either by posting a notice on the Program Website through the user interface of the Software, in an email notification, instant message, or through other reasonable means. You agree to visit the Program Website at least once every 30 days to check for potential notice of changes. Your subsequent use of the Program Services after the date the change becomes effective will be confirmation of your consent to the changed terms. If you do not agree to the changes, you should immediately stop using the Program Services and follow the termination instructions in section 10. Otherwise, the new terms will apply to you.

1.3 Minors. You will not sign up for or use the Program Services if you are under 13. By using the Program Services, you represent you are older than 13 and have reached the age of “majority” where you live. If you don’t know whether you have reached the age of majority where you live, or don’t understand this section, please don’t use the Program Services. If you are the parent or legal guardian of a minor and you are setting up access to the Program Services for a minor, you accept this Agreement on the minor’s behalf and are responsible for all use of the Program Services. Some or all Program Services may not be available for minors.

  1. Pre-Release Nature, Updates, and Support

2.1    Prerelease and Experimental Software and Services. The Program Services may have reduced or different security, privacy, accessibility, availability, and reliability standards relative to commercially provided services and software. We and our Participating Developers may change or discontinue the Program Services at any time without notice.

2.2 Updates. The Program Services update automatically. By using the Program Services, you agree to receive automatic updates without any additional notice, and permit Microsoft to download and install them for you. You agree to obtain these updates only from Microsoft or Microsoft authorized sources.

2.3 Support. Limited or no support may be provided for the Program Services. Once you install the Software on your device.

  1. Privacy and Protection of Personal Information

You agree that Microsoft may collect, use and disclose your information as described in the Privacy Statements .

  1. Software

4.1 Microsoft and its Participating Developers may provide you with software (including any fonts, icons, images, or sound files included with the software, and also including updates, supplements, and upgrades) through or as a part of the Program Services (collectively “Software”). You may install and test any number of copies of the Software on your devices as detailed in section 4 until the Software’s expiration date, where applicable. Termination of use or access to the Program Services, or the termination of this Agreement, may terminate your right to possess or use any such Software. Upon termination, follow the termination instructions in section 10.

Software is licensed under the terms of this Agreement, but it may also include additional license terms. To the extent those additional terms conflict with this Agreement, those additional terms will control.

Some or all of the Software may cease working on its expiration date. You have no right to use the Software after its expiration date. Starting from the expiration date, you may not be able to access any data used with the Software. Some applications and content you receive through the Store may also cease to be available to you for use with this Software; you may not receive any other notice. The Software may require a key to install or access it. If it does, you are responsible for the use of keys assigned to you. You should not share the keys with third parties.

4.2    Scope of Rights. All Software provided is the copyrighted work of Microsoft or its Participating Developers and is licensed to you, not sold. Microsoft reserves all rights (such as rights under intellectual property laws) not expressly granted in this agreement. In particular, this Agreement does not give you any right to, and you may not:

  1.      disclose the results of any benchmark tests of the Software to any third party without Microsoft’s prior written approval;
  2.        use or virtualize features of the Software separately;

iii.      publish, copy, create derivative works, publically display, distribute, rent, lease, transfer, or lend the Software;

  1. i    attempt to circumvent technical protection measures in the Software, reverse engineer, decompile, or disassemble the Software, except if the laws where you live permit this even when our Agreement does not. In that case, you may do only what your law allows; and
  2.       when using Internet-based features, you may not use those features in any way that could interfere with anyone else’s use of them, or to try to gain access to any service, data, account or network, in an unauthorized manner.

4.3    Open Source and Third Party Software.

  1.          The Program Services may include third party programs integrated into the Microsoft Software that Microsoft, not the third party, licenses to you under this Agreement. Notices, if any, for these third party programs are provided for your information only.
  2.           The Program Services may include third party software that is owned and licensed to you by someone other than Microsoft, and it includes its own license agreement. Such software is licensed to you by the third party and not Microsoft. Microsoft does not grant you any licenses or rights (express or implied) to the third party software.

iii.            You are solely responsible for any third party software that you install, connect, or use with any Program Service. We will not run or make any copies of third party software outside of our relationship with you. You may only install or use third party software in a way that does not subject our intellectual property or technology to any terms governing the third party software. We are not a party to and are not bound by any terms governing your use of any third party software. Microsoft does not grant any licenses or rights (express or implied) to such third party software.

  1. Content

All concepts, ideas, characters, game mechanics, documentation, images, music, audio, Program Website web pages and other content provided in connection with the Program (collectively “Content”) are the copyrighted works of Microsoft or its Participating Developer. Your use of the Content is governed by this Agreement, provided that if such Content is accompanied by or includes Additional Terms, such Additional Terms will also apply to your use of such Content. In the event of any conflict between this Agreement and the Additional Terms, the Additional Terms will govern your use of the Content.

If any Content is made available to you in connection with the Program Services without a license agreement, then you may make a reasonable number of copies of the Content for your internal use in support of your participation in the Program Services. You must preserve the copyright notice in all copies of the Content and ensure that both the copyright notice and this permission notice appear in those copies. Except as provided in this section, no portion of the Content may be copied, imitated, published, transmitted, broadcast, or distributed, in whole or in part.

  1. Confidentiality

The Program Services are confidential information of Microsoft unless stated otherwise. If you have an NDA with Microsoft, then the terms of that NDA govern your confidentiality obligations with respect to this confidential information. If no NDA exists between the parties, you agree that for a period of five years from the time you accessed this confidential information, you may not disclose this confidential information to any third party. You agree to only use this confidential information for the purpose of the Program as defined above. You agree not to misuse this confidential information, e.g., by using it to create a competitive product. These restrictions will not apply to any information that is or becomes publicly available without a breach of this restriction, was lawfully known to the receiver of the information without an obligation to keep it confidential, is received from another source who can disclose it lawfully and without an obligation to keep it confidential, or is independently developed. You may disclose this confidential information if required to comply with a court order or other government demand that has the force of law. Before doing so, you must seek the highest level of protection available and, when possible, give Microsoft enough prior notice to provide a reasonable chance to seek a protective order.

  1. Disclaimer of Warranties

MICROSOFT AND ITS PARTICIPATING DEVELOPERS PROVIDE THE PROGRAM SERVICES “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

IF YOU LIVE IN AUSTRALIA: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. 

MICROSOFT DOES NOT CONTROL, REVIEW, REVISE, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY THIRD PARTY OR PARTICIPATING DEVELOPER CONTENT, INFORMATION, MESSAGES, MATERIALS, OR PROJECTS ACCESSIBLE FROM OR LINKED THROUGH THE PROGRAM SERVICES, AND, EXCEPT AS WARRANTED IN A SEPARATE AGREEMENT, MICROSOFT MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT AND SHALL NOT BE RESPONSIBLE FOR ANY OF THE FOREGOING. ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK.

IN NO EVENT SHALL MICROSOFT OR ITS AFFILIATES, OR PARTICIPATING DEVELOPERS BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PROGRAM SERVICES, CONTENT, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE PROGRAM SERVICES.

If you have any basis for recovering damages from Microsoft related to the Software, you can recover only direct damages up to the amount that you paid for the Software (or up to $5.00 USD if you acquired the Software for no charge). You may not recover any other damages, including consequential, lost profits, special, indirect, or incidental damages. The damage exclusions and limitations in this Agreement apply even if repair, replacement, or a refund for the Software does not fully compensate you for any losses or if Microsoft knew or should have known about the possibility of the damages. Some states and countries do not allow the exclusion or limitation of incidental, consequential, or other damages, so those limitations or exclusions may not apply to you. If your local law allows you to recover other damages from Microsoft even though we do not, you cannot recover more than you paid for the Software (or up to $5.00 USD if you acquired the Software for no charge).

  1. Reservation of Rights

Microsoft may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the Program Services. Except as expressly provided in any written license agreement from Microsoft, the furnishing of the Program Services or associated Content does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Microsoft reserves all rights not expressly granted under this Agreement, and no other rights are granted under this Agreement by implication or estoppel or otherwise.

  1. Submissions Provided; Feedback

You may provide code, content, comments, feedback, suggestions, information, or materials via the Program Services (“Submission”). By providing a Submission, you grant Microsoft, Participating Developers, and their affiliated companies a perpetual, irrevocable, royalty-free, worldwide, unrestricted license, including sublicense rights to make, copy, use, promote, modify, perform, publically display, sell, market, distribute, broadcast and otherwise exploit and commercialize the Submission in any way and for any purpose. You also give to third parties, without charge, any trademark, copyright and patent rights needed for their products, technologies, and services to use or interface with any specific parts of a Microsoft software or service that includes the Submission. You will not provide Submissions that are subject to a license that requires Microsoft to license its software or documentation to third parties because we include your Submission in them. You further grant the right to publish specific identifying information in connection with your Submission. The rights under this section are granted under all applicable intellectual property rights you own or control and survive termination of this Agreement. No compensation will be paid with respect to the use of your Submissions. Microsoft is under no obligation to post or use any Submission, and Microsoft may remove any Submission at any time. By providing a Submission you warrant that you own or otherwise control all of the rights to your Submission and that your Submission is not subject to any rights of a third party (including any personality or publicity rights of any person).

  1. Termination

You may terminate this Agreement at any time by uninstalling and deleting all copies of any Software provided in connection with the Program Services.

Microsoft reserves the right to terminate your access to any or all of the Program Services at any time, without notice, for any reason whatsoever.

Termination of use of or access to the Program Services or the termination of this Agreement terminates your right to possess or use any Program Services, and you must delete all copies of the Software, Content and other materials provided as part of the Program Services. You must continue to comply with section 6 (Confidentiality) after termination of this Agreement. After termination, Microsoft may continue to use all Submissions and the data collected prior to termination.

  1. Prohibited Use of Program Services

As a condition of your use of Program Services, you will not use them for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Program Services in any manner that could damage, disable, overburden, or impair any Microsoft server, or the network(s) connected to any Microsoft server, or interfere with any other party’s use and enjoyment of any Program Services. You may not attempt to gain unauthorized access to any Program Services, other accounts, computer systems, or networks connected to any Microsoft server or to any of the Program Services, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Program Services.

The Program Services and associated Program Website may contain e-mail services, bulletin board services, chat areas, forums, communities, personal web pages, calendars, photo albums, file cabinets, and/or other message or communication facilities designed to enable you to communicate with others (“Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

  •                Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise).
  •                Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  •                Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, name, material, or information.
  •                Upload, or otherwise make available, files that contain images, photographs, software, or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
  •                Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  •                Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
  •                Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
  •                Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
  •                Falsify or delete any copyright management information, such as author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  •                Restrict or inhibit any other user from using and enjoying the Communication Services.
  •                Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  •                Harvest or otherwise collect information about others, including e-mail addresses.
  •                Violate any applicable laws or regulations.
  •                Create a false identity for the purpose of misleading others.
  •                Use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Program Services or other user or usage information or any portion thereof.

Microsoft has no obligation to monitor the Communication Services. However, Microsoft reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion.

Microsoft reserves the right at all times to disclose any information as Microsoft deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Microsoft’s sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children and business sensitive information in any Communication Services.

Microsoft does not control or endorse the content, messages or information found in any Communication Services, and Microsoft specifically disclaims any liability with regard to the Communication Services. Managers and hosts are not authorized Microsoft spokespersons, and their views do not necessarily reflect those of Microsoft.

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction, or dissemination. You are responsible for adhering to such limitations if you download the materials.

  1. Links to Third Party Sites

SOME LINKS IN THE PROGRAM SERVICES AND PROGRAM WEBSITE WILL LET YOU LEAVE THE MICROSOFT SERVICE OR WEBSITE. MICROSOFT IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY MICROSOFT OF THE SITE.

YOU ACKNOWLEDGE AND AGREE THAT: (i) MICROSOFT DOES NOT CONTROL, REVIEW, REVISE, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS, PROJECTS, OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING PARTICIPATING DEVELOPERS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES; (ii) MICROSOFT MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR MATERIALS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) MICROSOFT IS NOT LIABLE OR RESPONSIBLE FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES.

  1. Notices and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our designated agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement .

  1. BINDING ARBITRATION AND CLASS ACTION WAIVER IF YOU LIVE IN (OR IF A BUSINESS YOUR PRINCIPLE PLACE OF BUSINESS IS IN) THE UNITED STATES

This section applies to any dispute EXCEPT DISPUTEs RELATING TO THE ENFORCEMENT OR VALIDITY OF your, MICROSOFT’S, OR either of our LICENSORS’ INTELLECTUAL PROPERTY RIGHTS. The term dispute” means any dispute, action, or other controversy between you and Microsoft concerning the Program Services (including their price) or this Agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.

 

14.1    Notice of Dispute. In the event of a dispute, you or Microsoft must give the other a Notice of Dispute, which is a written statement of the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail to Microsoft Corporation, ATTN: LCA ARBITRATION, One Microsoft Way, Redmond, WA 98052-6399, U.S.A . A form is available at http://go.microsoft.com/fwlink/?LinkId=245499 . Microsoft will send any Notice of Dispute to you by U.S. Mail to your address if we have it, or otherwise to your email address. You and Microsoft will attempt to resolve any dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent. After 60 days, you or Microsoft may commence arbitration.

14.2    Small claims court. You may also bring any dispute in small claims court in your county of residence (or if a business, your principal place of business) or King County, Washington, U.S.A., if the dispute meets all requirements to be heard in the small claims court. You may sue in small claims court whether or not you negotiated informally first.

14.3    Binding arbitration. If you and Microsoft do not resolve any dispute by informal negotiation or in small claims court, any other effort to resolve the dispute will be conducted exclusively by individual binding arbitration governed by the Federal Arbitration Act (“FAA”). Class arbitrations are not permitted. You are giving up the right to sue in court before a judge or jury (or participate in court as a party or class member). Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court with jurisdiction over the parties may enforce the arbitrator’s award.

14.4    Class action waiver.Any proceedings to resolve any dispute in any forum will be conducted solely on an individual basis. Neither you nor Microsoft will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or other proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

14.5    Arbitration procedure. Any arbitration will be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules (or, if you are an individual and use the Program Services for personal or household use, or if the value of the dispute is $75,000 USD or less whether or not you are an individual or how you use the Program Services, its Consumer Arbitration Rules). For more information, see www.adr.org or call 1-800-778-7879. To commence arbitration, submit the form available at http://go.microsoft.com/fwlink/?linkid=245497 to the AAA. You agree to commence arbitration only in your county of residence (or, if a business, your principal place of business) or in King County, Washington, U.S.A. Microsoft agrees to commence arbitration only in your county of residence (or, if a business, your principal place of business). You may request a telephonic or in-person hearing by following the AAA rules. In a dispute involving $25,000 USD or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim.

14.6    Arbitration fees and payments.

14.6.1   Disputes involving $75,000 USD or less. Microsoft will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses. If you reject Microsoft’s last written settlement offer made before the arbitrator was appointed (“Microsoft’s last written offer”), your dispute goes all the way to an arbitrator’s decision (called an “award”), and the arbitrator awards you more than Microsoft’s last written offer, Microsoft will: (i) pay the greater of the award or $1,000 USD; (ii) pay your reasonable attorney’s fees, if any; and (iii) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration. The arbitrator will determine the amount of fees, costs, and expenses unless you and Microsoft agree on them.

14.6.2   Disputes involving more than $75,000 USD. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.

14.6.3   Disputes involving any amount. In any arbitration you commence, Microsoft will seek its AAA or arbitrator’s fees and expenses, or your filing fees it reimbursed, only if the arbitrator finds the arbitration frivolous or brought for an improper purpose. In any arbitration Microsoft commences, Microsoft will pay all filing, AAA, and arbitrator’s fees and expenses. Microsoft will not seek its attorney’s fees or expenses from you in any arbitration. Fees and expenses are not counted in determining how much a dispute involves.

14.7 Claims or disputes must be filed within one year. To the extent permitted by law, any claim or dispute to which section 14 applies must be filed within one year in small claims court (section 14.2), in arbitration (section 14.3), or in court, if section 14 permits the dispute to be filed in court instead of arbitration. The one-year period begins when the claim or dispute first could be filed. If such a claim or dispute is not filed within one year, it is permanently barred.

14.8 Severability. If the class action waiver in section 14.4 is found to be illegal or unenforceable as to all or some parts of a dispute, then section 14 will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of section 14 is found to be illegal or unenforceable, that provision will be severed with the remainder of section 14 remaining in full force and effect.

14.9 Conflict with AAA rules. This Agreement governs to the extent it conflicts with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules.

  1. Choice of Law

The laws of the state or country/region where you live (or, if a business, where your principal place of business is located) govern all claims and disputes concerning the Program Services or this Agreement, including breach of contract claims and claims under state consumer protection laws, unfair competition laws, implied warranty laws, for unjust enrichment, and in tort, regardless of conflict of law principles, except that the FAA governs all provisions relating to arbitration. If you acquired the Program Services in any other country/region, the laws of that country/region apply. This Agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state or country/region. This agreement does not change those other rights if the laws of your state or country/region do not permit it to do so.

  1. Additional Feature Terms

If the Program Services include these features, then the following terms apply to your use of them:

16.1    Networks, Data, and Internet Usage. Some features of the Program Services may require your device to access the internet or cellular network. Your access and usage (including charges) may be subject to the terms of your cellular or internet service provider agreement. Certain features of the Program Services may help you access the internet more efficiently, but the Program Services’ usage calculations may be different from your service provider’s measurements. You are always responsible for (i) understanding and complying with the terms of your own plans and agreements, and (ii) for any issues arising from using or accessing networks, including public/open networks. You may use the Program Services to connect to networks and to share access information about those networks, only if you have permission to do so.

16.2    Store. The Program Services may provide access to a Store that allows you to browse, download, purchase, and rate and review apps, games, and other digital content. Since this is an experimental and early prerelease version of the software, some aspects may not work correctly or as expected. For example, content may not include age ratings or may not be filtered in accordance with your Family Safety settings. In addition to the terms of this Agreement, the terms available at http://go.microsoft.com/fwlink/?linkid=246694 and/orhttp://www.xbox.com/legal/livetou apply to your use of the Store; please read these terms. To the extent the terms linked above conflict with this Agreement, this Agreement will control.

16.3   Xbox and Windows Apps. The Program Services may include Xbox and Windows apps that provide an access point to, or rely on, online services, and the use of those services is sometimes governed by separate terms and privacy policies, such as the Microsoft Services Agreement , or for Xbox and Windows apps that access Xbox services, the Xbox Live Terms of Use. You can view these terms and policies by looking at the service terms of use or the app’s settings, as applicable; please read them. The services may not be available in certain regions.

16.4 Video Standards. The Program Services may include H.264/AVC, VC-1, and MPEG-4 Part 2, and MPEG-2 visual compression technology. MPEG LA, L.L.C. requires this notice: THIS PRODUCT IS LICENSED UNDER THE AVC, THE VC-1, THE MPEG-4 PART 2 VISUAL, AND THE MPEG-2 VIDEO PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE ABOVE STANDARDS (“VIDEO STANDARDS”) AND/OR (ii) DECODE AVC, VC-1, MPEG-4 PART 2 AND MPEG-2 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C SEE WWW.MPEGLA.COM.

16.5 Adobe Flash Player. The Program Services may include a version of Adobe Flash Player. You agree that your use of the Adobe Flash Player is governed by the license terms for Adobe Systems Incorporated, at http://go.microsoft.com/fwlink/?linkid=248532 . Adobe and Flash are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries.

 

 

–End of Agreement–