Terms of Use and Sale

Dated July 2012

Welcome to the Microsoft Online Store at www.microsoftstore.com (the “Microsoft Store” or “Website”). The Microsoft Store is a website operated by Microsoft Corporation (“Microsoft,” “We,” “Us,” “Our”), located at, One Microsoft Way, Redmond, WA 98052, USA.

Through Microsoft Store, Microsoft provides you with access to a variety of resources, including the Website, information about software, services and other merchandise that may or may not be available for purchase, download areas, software and tools, (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to these Terms of Use and Sale ("Terms of Use and Sale" or "Contract"). By using the Website, purchasing products and services from the Microsoft Store or using any Services, you accept and agree to these Terms of Use and Sale, Microsoft's Privacy Statement (see Section 21 below), and applicable terms and conditions, policies or disclaimers found in the Microsoft Store or referenced herein and accessible through the related hyperlinks (collectively the "Microsoft Store Policies"). We encourage you to read the Microsoft Store Policies carefully. YOU MAY NOT USE THE MICROSOFT STORE OR SERVICES IF YOU DO NOT AGREE TO THE MICROSOFT STORE POLICIES.

Please note that if we have a Microsoft Retail Store located in your country, it may have different or additional policies and that Microsoft may update or amend any policies without notice at any time.

Terms relating to your use of the Microsoft Store

  1. Personal and non-commercial use limitation

    Unless otherwise specified, the Microsoft Store and Services are for your personal and non-commercial use. You may not commercially distribute, publish, license, or sell any information or services obtained from the Microsoft Store or Services.

  2. Notice specific to documents available on the microsoft store website

    Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Microsoft Store and Services is granted, provided that (1) the following copyright notice: "© 2012 Microsoft Corporation. All rights reserved." appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Microsoft Store or Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, unless permitted by exemptions under applicable copyright laws, and (3) no modifications of any Documents are made. Accredited educational institutions, such as primary and secondary institutions, universities, private/public colleges, and community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires Microsoft’s express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

    Documents specified above do not include the design or layout of the Microsoft.com website, the Website or any other Microsoft owned, operated, licensed or controlled website. Elements of Microsoft websites, including the Websites, are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Microsoft website, including the Website, may be copied, retransmitted or made available unless expressly permitted by Microsoft or applicable law.

    The documents and related graphics published on the Microsoft Store or Services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Microsoft and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

  3. Member account, password, and security

    If the Microsoft Store or any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You must also choose a password and a user name. You may also be required to accept a service agreement or separate terms of use as a condition of opening the account. You are responsible for keeping your account information and password confidential and are responsible for all activity that occurs under your account. You agree to notify Microsoft without delay of any unauthorized use of your account or any other breach of security.

  4. No unlawful or prohibited use

    As a condition of your use of the Services, you warrant to us that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the 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 Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Microsoft server or to any of the 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 Services. You may not use the Services in a way that infringes rights of third parties, including, but not limited to, willfully harming a person or entity, including Microsoft.

    Microsoft reserves the right at all times to disclose any information, the disclosure of which is 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.

  5. Materials that you provide to microsoft store or post on the website

    Microsoft does not claim ownership of the materials you provide to Microsoft (including feedback, ratings, and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, Microsoft shall be permitted to use your Submission, including your name, for the purpose for which it was submitted.

    No compensation will be paid with respect to the use of your Submission. Microsoft is under no obligation to post or use any Submission you may provide and Microsoft may remove any Submission at any time in its sole discretion.

    You warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use and Sale including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

  6. Unsolicited idea submission policy

    Microsoft and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, IDEAS, SAMPLES, DEMOS, OR OTHER WORKS. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Microsoft's products or marketing strategies might seem similar to ideas submitted to Microsoft. So, please do not send your unsolicited ideas to Microsoft or anyone at Microsoft.

    If, despite our request that you do not send us your ideas and materials, you still send them, please understand that Microsoft will not compensate you for them and makes no assurances that your ideas and materials will be treated as confidential or proprietary.

  7. Links to third party websites

    Microsoft Store may include links to third party websites that let you leave the Website. These linked sites are not under the control of Microsoft and Microsoft is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. 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. Your use of the third party website may be subject to that third party’s terms and conditions.

Terms relating to the sale of products to you

  1. Geographic availability

    The Microsoft Store is intended for use by customers who reside in the country/region serviced by this Website and there may be limits on where we can ship products as set forth in our shipping policies. To complete your purchase, you must have a valid billing and shipping address within that country/region.

  2. End users only

    You must be an end user to purchase products from the Microsoft Store. Resellers are not eligible to purchase.

  3. Export limitations

    Products purchased from the Microsoft Store (including hardware, software and software downloads) may be subject to customs and export control laws and regulations. You agree to comply with all international and national laws and regulations that apply to you in relation to such products.

  4. Accuracy of billing and account information

    You agree to provide current, complete, and accurate purchase and account information for all purchases made at the Microsoft Store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed in connection with your transactions.

  5. Product availability and quantity and order limits

    Product prices and availability are subject to change at any time and without notice. Microsoft may place a limit on the quantities that may be purchased per order, per account, per credit card, per person, or per household.

    Microsoft may refuse or reject any order at any time, refunding you any monies you have paid for the order, for reasons which include, but are not limited to, if you have not met the conditions specified at the time of the order, if your payment cannot be processed, if the ordered products or services are not available, or for obvious errors on the Website or made in connection with your order. If we are unable to supply the products or services that you ordered, we will contact you and may offer you an alternative product to consider instead. If you do not choose to purchase the alternative product, we will cancel your order. In the event of obvious errors on the Website or made in connection with your order, we reserve the right to correct the error and charge you the correct price. In that situation, we will contact you and offer you the option of purchasing the product at the correct price or canceling your order.

    Credits or refunds will be made to the same method of payment and account used to place the order.

  6. Software purchases and license terms

    Any software made available to download or purchase from the Microsoft Store or Services is the copyrighted work of Microsoft and/or its suppliers. When you purchase software, you are actually purchasing a license to use the software rather than purchasing the software itself. Software licenses purchased at the Microsoft Store are subject to the license agreement that accompanies the software product (the "License Agreement"). You will be required to agree to the terms and conditions of the License Agreement when you install the Software.

    PLEASE CONTACT THE MICROSOFT STORE (AS DESCRIBED IN SECTION 27.5 BELOW) IF YOU WOULD LIKE A COPY OF THE APPLICABLE LICENSE AGREEMENT, AT NO COST, BEFORE YOU OPEN THE SOFTWARE.

    Any reproduction or redistribution of the Software or merchandise not in accordance with the relevant License Agreement and applicable law is expressly prohibited and may result in severe civil and criminal penalties. Violators risk being prosecuted to the maximum extent possible.

    FOR YOUR CONVENIENCE, MICROSOFT MAY MAKE AVAILABLE AS PART OF THE MICROSOFT STORE OR SERVICES, OR IN ITS SOFTWARE OR MERCHANDISE, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD WHICH ARE NOT PART OF THE PRODUCT OR SERVICES SOLD. TO THE EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES.

    Please respect the intellectual property rights of others when using the tools and utilities made on the Microsoft Store or Services, or in Software products or merchandise.

  7. Electronic software downloads

    Electronic Software download (“ESD”) products are delivered to you by making a download link available in your Microsoft account (formerly known as “Windows Live ID”) associated with your product purchase. Subject to the paragraph below, we usually store the download link and related digital key in your Microsoft account for 3 years following the purchase date, but do not promise to store them for any particular length of time. For ESD subscription products, different terms and storage rights may apply, which you will be able to review and agree to at the time of your subscription.

    You agree that we may cancel or modify our digital key storage program at any time. You also agree that we may stop supporting the storage of keys for one or more products at any time and for legitimate reasons, including, by way of example, at the end of the product support life cycle, after which you will no longer have access to the download link or digital key. If we cancel or modify our program such that you will no longer have access to the download link or digital key(s) in your account, we will provide at least 90 days advance notice to you using the contact information for the related Microsoft account.

  8. Other terms and conditions

    In addition to Software and ESD products, other products and services available for purchase or trial on Microsoft Store may also be offered to you subject to separate end user license agreements, terms of use, terms of service or other terms and conditions. If you purchase or use those products, you may be required to also accept those terms as a condition of purchase, install or use.

  9. Price and payment

    Prices at Microsoft Store will be as stated on the Website. If we have a Microsoft Retail Store in your country/region, the prices, product selection and promotions offered there may be different from those on the Website. Microsoft does not guarantee that a price, product or promotion offered online will also be available or honoured at a Microsoft Retail Store or vice versa.

    Pricing is for individual consumers. If you want to purchase for a commercial, educational or government organization, please ask for information about our volume licensing programs.

    Microsoft Store does not have a price match guarantee. We will not match the advertised price other retailers offer for the same items

    We may offer you the opportunity to pre-order a product from our Website before it is available for purchase. If you do, we may place a hold on your credit card at the time of pre-order but will not charge your credit card, until the product is available for download or we ship it. If the advertised price of the product decreases between the date you pre-ordered and the date the product is available for download or shipping, we will charge you the lower price. You may cancel your pre-order before the product is shipped or available for download by calling our customer support number located on our Sales and Support page. Once your pre-order is shipped or available for download, our normal return policies apply. We will indicate on the Website if different pre-order terms apply to a specific product.

    Prices shown on the Website exclude all taxes or charges (“Taxes”) that may apply to your purchase. Prices shown on the Website also exclude delivery costs. Taxes and delivery costs will be added to the amount of your purchase and shown on the check-out page. You will have an opportunity to review the taxes and delivery costs before you confirm your purchase. Each item in your Shopping Cart is shown at the current price.

    Microsoft Store offers different payment options as identified on our Website. We reserve the right to change our payment options at any time and for any reasons.

  10. Return policy

    Microsoft Store’s return policy is in addition to any statutory return rights that you may have under law. Microsoft Store accepts returns for eligible items that meet our return criteria for 30 days from the date of purchase. Exceptions are stated below. We reserve the right to deny any return or exchange if it fails to meet our return criteria.

    When you purchase a service or ESD product from us, you agree that we may begin to provide the service or ESD product immediately.

    RETURN CRITERIA:

    • Returns must be unopened and unaltered, must not show wear or damage, and must be in a condition that permits us to resell them. For services, the service must not have been delivered or consumed by you.
    • All permitted returns and exchanges must be accompanied by the original receipt or gift receipt, the original documentation, instruction manuals, registration, parts and components (including cables, controllers, and accessories) and the manufacturer’s packaging. Failure to include such items may prevent or delay your refund or exchange or result in additional fees. When you make a qualifying return, we will credit the full amount, less the original shipping and handling charges, to the original method of payment.
    • For ESD products, we may require you to sign an electronic letter of destruction.
    • We may occasionally extend the 30 day return period during holiday or other periods. If a longer return period was advertised on the Website when you made your purchase, you will get the longer period.

    EXCEPTIONS:

    • ALL SALES ARE FINAL for random access memory (“RAM”), boxed non-Microsoft-branded software and Xbox 360 games except that if you notify us of a defect within 30 days of purchase, we will replace it with the same product or, if no longer available, issue a Store credit within 30 days.
    • ALL SALES ARE FINAL for items marked with a designation such as “Final Sale” or “Non-Returnable.”
    • Items ordered from the Website cannot be returned to or exchanged at Microsoft Retail Stores. Similarly, items purchased at a Microsoft Retail Stores cannot be returned or exchanged at the Website.
    • For pre-order items, the 30 day return period begins:
      • For ESDs, when the downloadable product is delivered electronically to your account and made available for download.
      • For other products, when the product is shipped.
    • Upgrade Option and Returns. If you purchased an otherwise returnable product with an Upgrade Option, returns will be honoured for 30 days from the date of purchase, and special return procedures apply as follows:
      • If you return the product before the upgrade product is released, you will not receive the upgrade.
      • If you return the product after the upgrade is released, you must return both the product and upgrade together.
    • When we offer promotions that save you money by purchasing a combination of products and/or services together, all included products and/or services must be returned together. If your promotion included a service that you have already begun to use, the full retail value of the service will be deducted from the amount of your refund.
    • Trial period offers. If you are taking part in any trial period offer, you must cancel the service by the end of the trial period to avoid incurring new charges unless we notify you otherwise. If you do not cancel the service at the end of the trial period, you authorize us to charge your payment method for the service.

  11. Customer service

    Please visit our Sales and Support page for more information about customer service options.

Terms relating to both your use of the Microsoft Store and sales to you

  1. Changing terms

    Microsoft may change the Terms of Use and Sale at any time and without notice to you. The Terms of Use and Sale in force at the time you place your order will govern your purchase and serve as the purchase contract between us. Before your next purchase, Microsoft may have updated the Terms of Use and Sale without notice to you. Please be sure to review the current Terms of Use and Sale each time you visit the Microsoft Store. We recommend that you save or print a copy of the Terms of Use and Sale for future reference when you make a purchase.

  2. Limitations on use by minors

    You must have reached the age of majority in your province/territory of residence to purchase products from the Microsoft Store.

  3. Privacy and protection of personal information

    Your privacy is important to us. We use certain information that we collect from you to operate and provide the Microsoft Store and the Services. Additionally, we may also automatically upload information about your machine, your use of the Services and Service performance. Please read our Privacy Statement to learn about how we use and protect your information..

  4. Product display and colours

    Microsoft attempts to display product colours and images accurately but we cannot guarantee that the colour you see on your monitor will exactly match the product’s colour.

  5. Errors on site

    We work hard to publish information accurately, update the Website regularly and correct errors when discovered. However, any of the content on our Website may be incorrect or out of date at any given time. We reserve the right to make changes to the Microsoft Store Website at any time, including to product prices, specifications, offers and availability.

  6. Termination of site use

    Microsoft may terminate your account or use of the Microsoft Store Website at any time for legitimate reasons, including, without limitation, if you are in breach of these Terms of Use and Sale or if the Website is no longer operated by Microsoft. By using the Microsoft Store, you agree to be responsible for any orders you make or charges you incur prior to such termination. Microsoft may change, discontinue, or otherwise suspend the Microsoft Store at any time, for any reason, and without prior notice to you. If such a change, discontinuance or suspension impacts your use of the Service or/product or otherwise disrupts your order, please contact the Microsoft Store.

  7. No warranties

    MICROSOFT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO PRODUCTS OR SERVICES SOLD ON MICROSOFT STORE. THEY ARE WARRANTED, IF AT ALL, ONLY UNDER ANY LICENSE AGREEMENT OR MANUFACTURER’S WARRANTY THAT MAY ACCOMPANY THEM. YOU UNDERSTAND THAT YOUR PURCHASE AND USE IS AT YOUR OWN RISK AND THAT WE PROVIDE PRODUCTS AND SERVICES ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU ASSUME THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE. SHOULD THEY PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR. MICROSOFT DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM MICROSOFT STORE OR SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THIS AGREEMENT IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE.

    YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE MICROSOFT STORE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR

  8. Limitation of liability

    IF MICROSOFT BREACHES THIS AGREEMENT, YOU AGREE THAT YOU CAN'T RECOVER ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE. THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF YOU INCUR DAMAGES AND EVEN IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESE LIMITATIONS AND EXCLUSIONS APPLY TO ANYTHING RELATED TO THIS CONTRACT INCLUDING LOSS OF CONTENT; ANY VIRUS AFFECTING YOUR USE OF MICROSOFT STORE OR SERVICES; DELAYS OR FAILURES IN STARTING OR COMPLETING TRANSMISSIONS OR TRANSACTIONS; CLAIMS FOR BREACH OF CONTRACT, WARRANTY, GUARANTEE, OR CONDITION; STRICT LIABILITY; NEGLIGENCE; MISREPRESENTATION OR OMISSION; TRESPASS; VIOLATION OF STATUTE OR REGULATION; OR UNJUST ENRICHMENT.

  1. General legal terms
    1. Interpreting the Contract; Severability

      All parts of this Contract apply to the maximum extent permitted by the relevant law; you may have greater rights in your jurisdiction of residence. If it is determined that we can’t enforce a part of this Contract as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of this Contract won’t change. Other terms may apply if you purchase products or services from other Microsoft websites.

    2. Assignment

      We may assign, transfer or otherwise dispose our rights and obligations under this Contract, in whole or in part, at any time without notice to you. You may not assign this Contract or transfer any rights under it.

    3. No Third Party Beneficiaries

      This Contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns.

    4. Claims Must be Filed Within One Year

      You must file any claim related to this Contract in court within one year of the date you could first bring the claim, unless your local law requires a longer time to file claims. If your claim isn’t filed in time, it is permanently barred.

    5. Notices and Communication

      For customer support inquiries, please see the Sales and Support page on the Website. For disputes, please contact us at the address listed at the top of these Terms of Use and Sale.

    6. Governing Law

      THE LAWS OF THE STATE OR PROVINCE WHERE YOU LIVE GOVERN THE INTERPRETATION OF THIS CONTRACT, CLAIMS FOR BREACH OF IT, AND ALL OTHER CLAIMS (INCLUDING CLAIMS REGARDING BREACH OF CONTRACT, BREACH OF WARRANTY, CONSUMER PROTECTION, UNFAIR COMPETITION, AND TORT CLAIMS), REGARDLESS OF CONFLICT OF LAW PRINCIPLES. IF YOU LIVE IN CANADA, YOU AND WE IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS IN ONTARIO FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THIS CONTRACT.

  1. Notices

    Notifications of claimed copyright infringement should be sent to Microsoft's designated agent. For details and contact information, see Notice and Procedure for Making Claims of Copyright Infringement at: http://www.microsoft.com/info/cpyrtInfrg.htm. INQUIRIES THAT ARE SUBMITTED BUT ARE NOT RELEVANT TO THE PROCEDURE WILL RECEIVE NO RESPONSE.

  1. Automatic renewal products

    Provided that automatic renewals are allowed in your country, province, or state, you may purchase subscriptions from us that automatically renew. If you purchase such subscription products and provide us with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize Microsoft to charge you for the services using your payment method; and (iii) authorize Microsoft to charge you for any paid feature of the services that you choose to sign up for or use while this agreement is in force. We will inform you by email before automatically renewing any subscription products. Once we have informed you that your subscription will be automatically renewed, we may automatically renew your services and charge you the then current price for the renewal term. We will also remind you that we will bill your chosen payment method for the services renewal, whether it was on file on the renewal date or provided later. We will also provide you with instructions on how you may cancel the services. You must cancel the services before the renewal date to avoid being billed for the renewal.


Copyright and trademark notices

All contents of the Website and Service are Copyright © 2012 Microsoft Corporation and/or its suppliers, One Microsoft Way, Redmond, WA 98052, USA. All rights reserved. We or our suppliers own the title, copyright, and other intellectual property rights in the Website, Service and content. Microsoft and the names, logos, and icons of all Microsoft products and services may be either trademarks or registered trademarks of Microsoft in the United States, Canada and/or other countries.

A list of Microsoft trademarks can be found at:
http://www.microsoft.com/about/legal/en/us/IntellectualProperty/Trademarks/EN-US.aspx. The names of actual companies and products may be the trademarks of their respective owners. Any rights not expressly granted in this agreement are reserved.