Thank you for choosing Microsoft OneNote. This is a license agreement between you and Microsoft Corporation (or, based on where you live, one of its affiliates) that describes your rights to use the OneNote software. For your convenience, we’ve organized this agreement into two parts: the first two pages are introductory terms. They are phrased in a question and answer format and address common license questions; the Additional Terms and Limited Warranty follow and contain greater detail. We also incorporate terms at links that are referenced in this agreement. You should review the entire agreement because all of the terms are important and together create this contract that applies to you. You should also review linked terms, once the software is running. IF YOU LIVE IN THE UNITED STATES, THE ADDITIONAL TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. THOSE AFFECT YOUR RIGHTS ABOUT HOW TO RESOLVE A DISPUTE WITH MICROSOFT. PLEASE READ THEM.
BY DOWNLOADING OR USING THE SOFTWARE, YOU AGREE TO ALL OF THESE TERMS AND CONSENT TO THE TRANSMISSION OF CERTAIN INFORMATION DURING FIRST USE, UPDATES AND FOR INTERNET-BASED FEATURES OF THE SOFTWARE. BY USING FEATURES THAT ARE GOVERNED BY TERMS AT LINKS IN THIS AGREEMENT, YOU AGREE TO THE TERMS AT THOSE LINKS AND PROMISE YOU HAVE READ THE TERMS. If you do not accept and comply with these terms, you have no right to and must not use the software or features.
What about upgrading the Software? If you install the software covered by this agreement as an upgrade to your existing software, then the upgrade replaces the original software that you are upgrading. You do not retain any rights to the original software after you have upgraded and you may not continue to use it or transfer it in any way. This agreement governs your rights to use the upgrade software and replaces the agreement for the software from which you upgraded.
Are there any limitations on the number of notes I can create, access or edit with OneNote? There are no specific restrictions on the number of notes you can create, access or edit. However, you may be limited by the hardware restrictions of your device or storage restrictions on the server where your notes are stored.
Does the Software collect my personal information? If you connect your device to the Internet, some features of the software may connect to Microsoft or service provider computer systems to send or receive information. You may not always receive a separate notice when they connect. If you choose to use any of these features, you agree to send or receive this information when using that feature. Many of these features can be switched off or you can choose not to use them.
How do we use your information? Microsoft uses the information it collects through the software features to upgrade or fix the software and otherwise improve our products and services. In certain circumstances, we also share it with others. For example, we share error reports with relevant hardware and software vendors, so that they can use the information to improve how their products run with Microsoft products. You agree that we may use and disclose the information as described in our Privacy Statement, at Privacy Statement for OneNote.
Are there things I’m not allowed to do with the Software? Yes. Because the software is licensed, not sold, Microsoft reserves all rights (such as rights under intellectual property laws) not expressly granted in this agreement. In particular, this license does not give you any right to, and you may not: use or virtualize features of the software separately, publish, copy (other than any permitted backup copy), rent, lease, or lend the software; transfer the software (except as permitted by this agreement), 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. 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.
- LICENSE RIGHTS AND MULTI USER SCENARIOS
- Computer. In this agreement, “computer” means a hardware system (whether physical or virtual) with a storage device capable of running the software. A hardware partition or blade is considered to be a computer.
- Multiple or pooled connections. You may not use hardware or software to multiplex or pool connections, or otherwise allow multiple users or multiple computers or devices to access or use the software indirectly through the licensed device.
- Use in a virtualized environment. If you use virtualization software, including client hyper-v, to create one or more virtual computers on a single computer hardware system, each virtual computer, and the physical computer, is considered a separate computer for purposes of this agreement. If you want to use the software on more than one virtual computer, you must obtain separate copies of the software and a separate license for each copy. Content protected by digital rights management technology or other full-volume disk drive encryption technology may be less secure in a virtualized environment.
- Remote access. Windows 8 devices may come with Remote Desktop and Remote Assistance technologies that enable the software installed on the licensed device to be accessed remotely from other devices.
- Remote Desktop. Remote Desktop or similar technologies is licensed for outbound use from the licensed device. You may access the software running on a separately licensed host pc from this licensed device, by using Remote Desktop.
- Remote Assistance. You may use Remote Assistance or similar technologies to share an active session without obtaining any additional licenses for the software. Remote Assistance allows one user to directly connect to another user’s computer, usually to correct problems.
- BINDING ARBITRATION AND CLASS ACTION WAIVER
- Application. This Section B applies to any dispute EXCEPT IT DOES NOT INCLUDE A DISPUTE RELATING TO THE ENFORCEMENT OR VALIDITY OF YOUR, MICROSOFT’S, OR EITHER OF OUR LICENSORS’ INTELLECTUAL PROPERTY RIGHTS. Dispute means any dispute, action, or other controversy between you and Microsoft concerning the software (including its 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.
- 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 that sets forth 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. A form is available at Notice of Dispute—Microsoft Software, Products, and Services with Arbitration Agreements. Microsoft will send any Notice of Dispute to you by U.S. Mail to your address if we have it, or otherwise to your e-mail 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.
- Small Claims Court. You may also litigate any dispute in small claims court in your county of residence or King County, Washington, if the dispute meets all requirements to be heard in the small claims court. You may litigate in small claims court whether or not you negotiated informally first.
- 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 BINDING ARBITRATION. YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
- CLASS ACTION WAIVER. ANY PROCEEDINGS TO RESOLVE OR LITIGATE 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 ANY PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.
- Arbitration Procedure, Costs, Fees and Incentives. Any arbitration will be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and in many cases its Supplementary Procedures for Consumer-Related Disputes. For more information, see American Arbitration Association website or call 1-800-778-7879. In a dispute involving $75,000 or less, Microsoft will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees. You and Microsoft agree to the terms governing procedures, fees and incentives at Microsoft Legal and Corporate Affairs website. To commence arbitration, submit the form available at Demand for Arbitration before the American Arbitration Association for Microsoft Software, Products, and Services with Arbitration Agreements to the AAA. You agree to commence arbitration only in your county of residence or in King County, Washington. Microsoft agrees to commence arbitration only in your county of residence.
- Claims or Disputes Must be Filed Within One Year. To the extent permitted by law, any claim or dispute under this agreement to which Section B applies must be filed within one year in small claims court (Section B.3) or in arbitration (Section B.4). The one-year period begins when the claim or Notice of Dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred.
- Severability. If the class action waiver in Section B.5 is found to be illegal or unenforceable as to all or some parts of a dispute, then Section B (arbitration) 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 B is found to be illegal or unenforceable, that provision will be severed with the remainder of Section B remaining in full force and effect.
- CHOICE OF LAW
The laws of the state or country where you live govern all claims and disputes under this agreement, including breach of contact claims and claims under state consumer protection laws, unfair competition laws, implied warranty laws, for unjust enrichment, and in tort. If you acquired the software in any other country, the laws of that country apply. This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change those other rights if the laws of your state or country do not permit it to do so.
- FIRST USE AND UPDATES
- First Use. You may obtain the software only from the Windows Store. Once you have installed the software, you may visit “Licensing Options” under “Settings” within the software to see details about the license.
- INTERNET-BASED FEATURES; PRIVACY
The following software features use Internet protocols, which send to Microsoft (or its suppliers or service providers) computer information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the computer where you installed the software. Microsoft uses this information to make the Internet-based features available to you, in accordance with our Privacy Statement, at Privacy Statement for OneNote. Some internet-based features may be delivered at a later date via Microsoft’s Windows Update service.
- Consent for Internet-Based Services. The software features described below and in our Privacy Statement connect to Microsoft or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. In some cases, you may switch off these features or not use them. For more information about these features, see our Privacy Statement at Privacy Statement for OneNote. BY USING THESE FEATURES, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION. Microsoft does not use the information to identify or contact you.
- Customer Experience Improvement Program (CEIP). This software uses CEIP. CEIP automatically sends Microsoft information about your hardware and how you use this software. We do not use this information to identify or contact you. CEIP will also periodically download a small file to your computer. This file helps us collect information about problems that you have while using the software. When available, new help information about the errors might also be automatically downloaded. To learn more about CEIP, see Privacy Statement for the Microsoft Customer Experience Improvement Program.
- Online Features and Content. Features in the software can retrieve related content from Microsoft and provide it to you. Examples of these features are clip art, templates, online training, online assistance and help. This information is used to provide you with content you request and to improve our services. You may choose not to use these online features and content. See our Privacy Statement linked at the end of this agreement for more information.
- Cookies. If you choose to use online features in the software, such as online assistance and help, and templates, cookies may be set. To learn how to block, control and delete cookies, please read the cookies section of the OneNote Privacy Statement linked at the end of this agreement.
- OneNote on Windows 8. If you are running the software on a Windows 8 device and you have enabled the software’s online features and content, signing into Windows 8 with a Microsoft account will automatically sign you into the software using the same Microsoft account. This allows you to store and access online files in SkyDrive without being asked to reenter your Microsoft account username and password. For more information, see our Privacy Statement linked at the end of this agreement.
- Misuse of Internet-based Services. You may not use these services in any way that could harm them or impair anyone else’s use of them. You may not use the services to try to gain unauthorized access to any service, data, account or network by any means.
- ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS
- Third Party Programs. The software may include third party programs that Microsoft, not the third party, licenses to you under this agreement. Notices, if any, for the third party program are included for your information only.
- Font components. While the software is running, you may use its fonts to display content. You may embed fonts in content only as permitted by the embedding restrictions in the fonts.
- Media Elements. Microsoft grants you a license to copy, distribute, perform and display media elements (images, clip art, animations, sounds, music, video clips, templates and other forms of content) included with the software in projects and documents, except that you may not: (i) sell, license or distribute copies of any media elements by themselves or as a product if the primary value of the product is the media elements; (ii) grant your customers rights to further license or distribute the media elements; (iii) license or distribute for commercial purposes media elements that include the representation of identifiable individuals, governments, logos, trademarks, or emblems or use these types of images in ways that could imply an endorsement or association with your product, entity or activity; or (iv) create obscene or scandalous works using the media elements. Other media elements, which are accessible on Office.com or on other websites through features of the software, are governed by the terms on those websites.
- GEOGRAPHIC AND EXPORT RESTRICTIONS
If there is a geographic region indicated for your software, then you may use the software only in that region. You must also comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users, and end use. For further information on geographic and export restrictions, visit How to tell website and Microsoft Exporting website.
- SUPPORT AND REFUND PROCEDURES
Microsoft provides limited support services for properly licensed software as described at Microsoft Support.
- ENTIRE AGREEMENT
This agreement (together with terms accompanying any software supplements, updates, and services that are provided by Microsoft and that you use), and the terms contained in web links listed in this agreement, are the entire agreement for the software and any such supplements, updates, and services (unless Microsoft provides other terms with such supplements, updates, or services). You can review this agreement after your software is running by going to “Licensing Options” under “Settings” within the software. You can also review the terms at any of the links in this agreement after your software is running, and you agree to do so. You agree that for each service or included app that is governed by this agreement and also specific terms linked in this agreement, you will read the terms for that service before using the service. You understand that by using the service, you ratify this agreement and the linked terms. Those links are:
The software is licensed “as-is.” You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. The entire risk as to the quality and performance of the software is with you. Should the software prove defective, you assume the entire cost of all necessary servicing or repair. You may have additional consumer rights under your local laws that this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes all implied warranties, including those of merchantability, fitness for a particular purpose and non-infringement.
LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. If you have any basis for recovering damages from Microsoft or its suppliers, you can recover only direct damages up to US $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
- anything related to the software, services, content (including code) on third-party Internet sites, or third-party programs; and
- claims for breach of contract, warranty, guarantee or condition; strict liability, negligence, misrepresentation, omission, trespass or other tort; violation of statute or regulation; or unjust enrichment; all to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.