a. Privacy, Security and Your Obligation
Our Privacy Policy is a part of this Agreement and its terms are incorporated by this reference. Please read it now (by clicking on "
Privacy Policy"). The policy explains how certain information about you may be used. You acknowledge and agree that Microsoft may use and store information about you and your orders in accordance with our Privacy Policy.
Microsoft Software License Terms, Office 365 Terms of Service and Refunds
Customers may install the next version only as permitted in the Microsoft Software License Terms that accompany the next version of Office software.
Customers may use Office products only as permitted by the Microsoft terms of service:
Microsoft software is licensed, not sold. All ownership, title and intellectual property rights in and to the software (if any), accompanying your next version of Office download and any documentation or printed materials are owned by Microsoft or its suppliers. All redemption orders are subject to your consent to any applicable license that is delivered with or included in the item. If you do not agree to the license terms once you see them, do not accept them or download the software. Depending on the laws where you live, you may not be eligible for a refund. If you order the software on a disc, then that conduct will constitute your agreement.
b. Disclaimer of Tax Liability Regarding Items You Acquire
You acknowledge that your participation in the Offer may have tax implications for you and you are responsible for any associated taxes.
c. Exclusive Remedy; Damage Exclusions & Limitations Regarding Microsoft Software
Unless a Microsoft license or other Microsoft contract provides for different remedies, damages or limits, your exclusive remedy against Microsoft for any breach of warranty or contract under this Agreement including without limitation, the Privacy Policy, is limited to repair, replacement or refund with respect to the item in question, at Microsoft's option and subject to applicable law. Except for damages that are required by law, you will only be entitled to the direct damages that you actually incur in reasonable reliance, up to the amount of a refund of the price (plus sales tax) that you paid for the item. Subject to applicable law, you will not be entitled to any incidental, consequential or other damages, including but not limited to damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy for failure to meet any duty including of good faith or of reasonable care, for negligence or negligent misrepresentation, and for any other pecuniary or other loss whatsoever, even in the event of the fault of Microsoft (or any supplier), of tort (including negligence), strict or product liability, breach of contract or breach of warranty, and even if Microsoft or any supplier has been advised of the possibility of such damages. These limitations and exclusions regarding damages will apply even if any remedy fails.
d. License to Use the Site
We hereby grant you the right to view and use the Site solely for the purpose of signing up for and redeeming the Offer in accordance with the Agreement. You may download and print copies of these Offer Terms and Conditions and of screens from this Site for the purpose of retaining records of your transactions at the Site. Subject to applicable law, Microsoft reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site with or without notice. If you did not purchase, install, and activate a qualifying Office 2010 product during the offer
offer eligibility dates you are not eligible for this offer.
e. Your Representations & Warranties
You represent and warrant for the benefit of Microsoft that:
- you are at least 18 years of age or meet age of the legal capacity in the location where you reside
- you possess the legal right and ability to enter into this Agreement, download the Offer software on your own behalf or on behalf of any person for whom you are acting as agent
- you meet the eligibility requirements for the Offer as set forth in the terms and conditions herein
- all information that you submit to us is true, accurate and current
f. Electronic Download, Ordering and Communication Notices
The Offer software is only available electronically from this Site. By using this Site you agree that we can communicate with you electronically. For example, we may send you an email asking about your experience with Microsoft, or email notices and other disclosures about your orders. However, since email delivery is not infallible, you also agree to contact Microsoft for order information such as order status or shipping delays. You agree to keep all records relating to your order, including, where possible, printing a copy of your order confirmation page. To the extent allowed by law, you agree that the above replaces and satisfies any law that provides for different methods or timing for your receipt of notices relating to your transaction. Microsoft also reserves the right to deliver notices and disclosures by other means such as postal mail, and to receive notices in writing when that method is specified elsewhere in this Agreement.
g. Submission of Comments; Ideas and Other Information
Any comments or information that you may provide to Microsoft regarding the Site such as suggestions, ideas, concepts, or other information (collectively, the “Submissions”), shall be deemed, and shall remain, the property of Microsoft. No Submissions shall be subject to any obligation of confidence on the part of Microsoft, and Microsoft shall not be liable for any use or disclosure (including publication in any medium) of any Submissions. Without limitation of the foregoing, Microsoft shall exclusively own all rights to the Submissions of every kind and nature and shall be entitled to unrestricted use of the Submissions for any purpose, commercial or otherwise, without compensation to the provider of the Submissions.
h. Order Availability and Cancellation
All items ordered from this Site are subject to availability. Microsoft reserves the right to reject any orders. Microsoft also reserves the right to limit the quantity of Offers to twenty-five (25) per customer.
i. Geographical & Export Restrictions
Microsoft software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see
www.microsoft.com/exporting.
j. Changes to Office Pre-Launch Offer Terms and Conditions
At this Site, you are bound by the version of this Agreement that is in effect on the date of your visit or order. The terms of this Agreement may change from time to time so please review it.
k. Miscellaneous; Entire Agreement
If any part of this Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. The Agreement (including any related consents or agreements that you provide during your visit to the Site) together with any license or agreement with Microsoft delivered in connection with any item acquired via the Site, constitutes the entire agreement between you and Microsoft with respect to the Site and that item, and supersedes all other (prior or contemporaneous) communications and proposals, whether electronic, oral or written, between you and Microsoft regarding the Site and/or any order you place through it.
Microsoft reserves the right to deny and/or disregard any offer request deemed in Microsoft's sole discretion to be false or fraudulent. Microsoft is not responsible for incomplete, illegible, late, lost, mutilated, misdirected, or postage-due requests. Fraudulent submission of multiple requests and/or providing false information disqualifies this request.
l. Offer Promoter
United States. If you live in (or, if you are a business, you are headquartered in) the United States, the offer sponsor is Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, US. Washington state law governs the interpretation of this offer. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, for all disputes arising out of or relating to this offer that are heard in court (not arbitration and not small claims court).
North or South America outside the United States. If you live in (or, if you are a business, you are headquartered in) North or South America outside the United States, the offer sponsor is Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, US. Washington state law governs the interpretation of this offer regardless of choice of law principles. All other claims relating to this offer, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of the country/region where you redeemed this offer.
Europe. If you live in (or, if you are a business, you are headquartered in) Europe, the offer sponsor is Microsoft Luxembourg S.à.r.l., 20 Rue Eugene Ruppert, Immeuble Laccolith, 1st Floor, L-2543 Luxembourg and the laws of Luxembourg govern the interpretation of this offer, regardless of conflict of laws principles, unless you live in or your business is headquartered in Spain, in which case the laws of Spain govern the interpretation of this offer. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of the country/region where you redeemed this offer. With respect to jurisdiction, you and Microsoft may choose the country/region where you redeemed this offer for all disputes arising out of or relating to this offer, or in the alternative, you may choose the responsible court in Luxembourg.
Middle East or Africa. If you live in (or, if you are a business, you are headquartered in) the Middle East or Africa, the offer sponsor is Microsoft Luxembourg S.à.r.l., 20 Rue Eugene Ruppert, Immeuble Laccolith, 1st Floor, L-2543 Luxembourg, and the laws of Luxembourg govern the interpretation of this offer, regardless of conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of the country/region to which where you redeemed this offer. You and we irrevocably agree to the exclusive jurisdiction and venue of the Luxembourg courts for all disputes arising out of or relating to this offer.
Asia or the South Pacific, unless your country/region is specifically called out. If you live in (or, if you are a business, you are headquartered in) Asia or the South Pacific, the offer sponsor is Microsoft Regional Sales Corp., a corporation organized under the laws of the State of Nevada, US, with a branch in Singapore, having its principal place of business at 438B Alexandra Road, #04-09/12, Block B, Alexandra Technopark, Singapore, 119968, and Washington state law governs this offer, regardless of conflict of laws principles. Any dispute arising out of or in connection with this offer, including any question regarding its existence, validity, or termination, will be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Center (SIAC), which rules are deemed to be incorporated by reference into this clause. The Tribunal will consist of one arbitrator to be appointed by the Chairman of SIAC. The language of arbitration will be English. The decision of the arbitrator will be final, binding, and incontestable, and it may be used as a basis for judgment in any country or region.
Japan. If you live in (or, if you are a business, you are headquartered in) Japan, the offer sponsor is Microsoft Japan Co., Ltd (MSKK), Shinagawa Grand Central Tower, 2-16-3 Konan Minato-ku, Tokyo 108-0075. The laws of Japan govern this offer and any matters arising out of or relating to it. You and we irrevocably agree to the exclusive original jurisdiction and venue of the Tokyo District Court for all disputes arising out of or relating to this offer.
China. If you live in (or, if you are a business, you are headquartered in) China, the offer sponsor is Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, US. As to those services, Washington state law governs this agreement, regardless of conflict of laws principles. The jurisdiction of the state or federal courts in King County, Washington, US, is non-exclusive.
Republic of Korea. If you live in (or, if you are a business, you are headquartered in) the Republic of Korea, the offer sponsor is Microsoft Korea, Inc., 6th Floor, POSCO Center, 892 Daechi-Dong, Kangnam-Gu, Seoul, 135-777, Korea, and the laws of the Republic of Korea govern this offer. You and we irrevocably agree to exclusive original jurisdiction and venue of the Seoul District Court for all disputes arising out of or relating to this offer.
Taiwan. If you live in (or, if you are a business, you are headquartered in) Taiwan, the offer sponsor is Microsoft Taiwan Corp., 8F, No 7 Sungren Road, Shinyi Chiu, Taipei, Taiwan 110, and the laws of Taiwan govern this offer. You and we irrevocably designate the Taipei District Court as the court of first instance having jurisdiction over any disputes arising out of or relating to this offer.
