LICENSE TERMS FOR “SWITCH TO WINDOWS PHONE” APPLICATION (UPDATED SEPTEMBER 2014)

 

These license terms are an agreement between you and Microsoft Corporation. Please read them. They apply to the software application you download from the Google Play application store, including any updates or supplements to the application. BY DOWNLOADING OR USING THE APPLICATION, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, YOU DO NOT HAVE RIGHTS TO AND MUST NOT USE THE APPLICATION.

 

If you accept and comply with these license terms, you have the rights below.

1. INSTALLATION AND USE RIGHTS.   You may install and use one copy of the application on up to five (5) Android-based devices that are affiliated with the account you use to access the Google Play store.  

 

2. INTERNET-BASED SERVICES.

a. Consent for Internet-Based or Wireless Services. The application may connect to Internet-based wireless services. Your use of the application operates as your consent to the transmission of standard device information (including but not limited to technical information about your device, system and application software, and peripherals) for Internet-based or wireless services. If other terms are provided in connection with your use of the services, those terms also apply.

b. Misuse of Internet-based Services. You may not use any Internet-based service in any way that could harm it or impair anyone else’s use of it or the wireless network. You may not use the service to try to gain unauthorized access to any service, data, account or network by any means.

 

3. SCOPE OF LICENSE. The application is licensed, not sold. This agreement only gives you some rights to use the application. If your ability to use the application on your devices is disabled pursuant to your agreement with Google, any associated license rights will terminate. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the application only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the application that only allow you to use it in certain ways. You may not:

•  work around any technical limitations in the application;

•  reverse engineer, decompile or disassemble the application, except and only to the extent that applicable law expressly permits, despite this limitation;

•  make more copies of the application than specified in this agreement or allowed by applicable law, despite this limitation;

•  publish or otherwise make the application available for others to copy;

•  rent, lease or lend the application; or

•  transfer the application or this agreement to any third party.

 

4. DOCUMENTATION. If documentation is provided with the application, you may copy and use the documentation for your internal, reference purposes.

 

5. EXPORT RESTRICTIONS. The application 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 application. These laws include restrictions on destinations, end users and end use. For information on Microsoft products, see www.microsoft.com/exporting.

 

6. SUPPORT SERVICES. Microsoft has no obligation to provide any support services to you in connection with the application. 

 

7. ENTIRE AGREEMENT. This agreement, the terms for supplements and updates, and any privacy policy to which you agreed are the entire agreement for the application.

 

8. APPLICABLE LAW. Washington state law governs the interpretation of this agreement, claims for breach of it, and all other claims (including consumer protection unfair competition, and tort claims), regardless of conflict of law principles.

 

9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under applicable law. This agreement does not change your rights under applicable law if the laws do not permit it to do so.

 

10. DISCLAIMER OF WARRANTY. THE APPLICATION IS LICENSED "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE." YOU BEAR THE RISK OF USING IT.  MICROSOFT, ON BEHALF OF ITSELF, WIRELESS CARRIERS OVER WHOSE NETWORK THE APPLICATION IS PROVIDED, AND EACH OF OUR RESPECTIVE AFFILIATES, VENDORS, AGENTS AND SUPPLIERS (“COVERED PARTIES”), GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS UNDER OR IN RELATION TO THE APPLICATION.  YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE.  TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, COVERED PARTIES EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 

 

11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, YOU CAN RECOVER FROM MICROSOFT ONLY DIRECT DAMAGES UP TO THE GREATER OF THE AMOUNT YOU PAID FOR THE APPLICATION OR ONE U.S. DOLLAR (US$1.00). YOU AGREE NOT TO SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES FROM ANY COVERED PARTIES.

 

This limitation applies to:

•  anything related to the application, services or content made available through the application; and

•  claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

It also applies even if:

•  repair, replacement or a refund for the application does not fully compensate you for any losses; or

•  Covered Party knew or should have known about the possibility of the damages.