MS Privacy  
 
 
 
Terms & Conditions
Thank you for shopping at this Microsoft Corporation ("Microsoft") web site ("Site"). Your activities and acquisitions at the Site are governed by: (a) the microsoft.com Terms of Use (which terms are incorporated herein by this reference), (b)the Store Terms & Conditions which are set forth below, and (c) the conditions, notices and consents that are provided or obtained in connection with the Site (collectively, "Agreement"). As used in the Agreement "you" are an individual acting on your own behalf, or "you" are an agent of a person or entity that has authorized you to act on that person's or entity's behalf.
By using the Site or by placing an order through it, you agree as follows:
Our Privacy Statement is a part of this Agreement and its terms are incorporated by this reference. Please read it now (by clicking on "Privacy Statement"). The statement explains how certain information about you may be used. You acknowledge and agree that Microsoft may exchange, use and store information about you and your orders in accordance with our Privacy Statement.

Please consult “Help with my Order” on the Site for information about security used at the Site.

If an order is placed through the Site with your password or Passport Account, we will assume that you have either placed the order yourself or have provided information to or received it from someone who is authorized to place the order. Subject to applicable law, you agree that we may make that assumption and that you will be obligated for that order. Please protect and guard access to your computer, your password, credit card number and other personal information.
Microsoft software is licensed, not sold. All ownership, title and intellectual property rights in and to the software (if any), accompanying your order, including any associated media and any documentation or printed materials are owned by Microsoft or its suppliers. ALL 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, you may return the item subject to Microsoft’s Return/Refund Policy for the particular item (generallywithin thirty (30) days of the date your order is delivered unless otherwise specified on for the particular item or in the applicable software license agreement). To return an item, contact Microsoft at the phone number or email address on the order receipt for the item and mail (by first class mail) the uncopied, undamaged software, all documentation and proof of purchase to the address provided by the Microsoft representative. The refund described is intended to allow you to return software if the license terms are not acceptable to you and you did not have an opportunity to review the full license before you paid for the item. Microsoft may also allow refunds if you are not satisfied with an item - please contact Microsoft for details. Shipping charges if any, may not be refunded. Please see the Microsoft Return/Refund Policy for additional details.

If you use the software or take any other action that is described in the packaging or the software as constituting your consent to or agreement with the license, then that conduct will constitute your agreement to the license terms for the software product and you may not be eligible for a refund unless otherwise allowed in the documentation accompanying your software.
Microsoft provides warranties for software and other items only to the extent a specific limited warranty is delivered with the documentation for the item. Not all software comes with a warranty. THIS SITE AND ALL TOOLS, INFORMATION AND SERVICES AVAILABLE THROUGH THIS SITE ARE MADE AVAILABLE AS IS AND WITH ALL FAULTS, TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW. ALSO, MICROSOFT DISCLAIMS ALL WARRANTIES, INCLUDING ANY WARRANTY OF TITLE OR MERCHANTABILITY, OR ANY WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE ITEM OR AGAINST INFRINGEMENT.
For items that come with any warranty, you may obtain a free copy of the applicable warranty by contacting Customer Service at the email address or telephone number indicated on the receipt for your order for more information.
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 obligation under this Agreement including without limitation, the Privacy Statement, 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 TO BE PAID, 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. 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.
We hereby grant you the right to view and use the Site solely for the purpose of shopping in accordance with the Agreement. You may download and print copies of these Store Terms & Conditions, the microsoft.com Terms of Use, 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.
You represent and warrant for the benefit of Microsoft that: (a) you are at least 18 years of age; (b) you possess the legal right and ability to enter into this Agreement and make any credit card charge or take other actions via the Site on your own behalf or on behalf of any person for whom you are acting as agent and/or that you are authorized to use the password required for this Site; and (c) all information that you submit to us is true,
This Agreement is governed by Washington law. Your consent to this Agreement will include your consent to such law and the jurisdiction of and venue in the courts in King County Washington, U.S.A. in all disputes arising out of or relating to this Agreement. The terms of the license or other agreement for any items obtained though the Site shall be governed by the law and subject to the specified jurisdiction as may be stated in the agreement for that item. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement. Microsoft's performance of this Agreement (including the Privacy Statement) is subject to existing laws and legal process, and you agree that Microsoft may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term of this Agreement.
Shopping at the Site is conducted electronically and you agree that we can communicate with you electronically. For example, we may send you email asking about your experience with Microsoft, email notices and other disclosures about your orders, and if you forget or lose your password, you agree that we may supply it by email to your computer. 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 receipt 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.
Any comments or information that you provide to Microsoft, for example feedback or ideas in response to a customer survey regarding the Site, suggestions, ideas, concepts, or other information (collectively, the "Submissions"), shall be deemed, and shall remain, the property of Microsoft. None of the 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 now known or hereafter existing 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.
No promotion (e.g., special price discount) is offered by Microsoft unless the promotion explicitly so states. You agree that offers from non-Microsoft companies on the Site are solely liable for their promotions and that Microsoft is not liable. You also agree to comply with all terms of a promotion. Note: some promotions will be subject to quantity and other restrictions, including without limitation, time limits that could expire during your visit to the Site. Microsoft reserves the right to withdraw or refuse to honor any promotion that has been altered or modified - other than by Microsoft.
All items ordered from Microsoft are subject to availability and are only available for acquisition and shipment in the countries where the Store offer is available. We reserve the right to reject any and all orders. Subject to applicable law, Microsoft reserves the right to deliver items acquired as part of your order at different times in the event that they are not available for shipment at the same time. Microsoft also reserves the right to limit the quantity of any items that may be obtained by you through this Site.

All orders placed through this Site are shipment contracts, not destination contracts. If you would like your item(s) delivered at a particular location, you will be responsible for the shipping charges. Shipping and handling charges may or may not reflect actual costs and may be amended by Microsoft from time to time.

You may cancel all or any part of your order before you submit the order, simply by closing your browser. You may not cancel after shipment, but may return any item that qualifies for return under any applicable return policy.
Only valid payment methods acceptable to Microsoft in the particular country or region may be used for orders placed with this Site, and all refunds will be credited back thru the same method. With respect to any payments by credit card or electronic funds transfer, by submitting your order for processing, you authorize us to charge your order (including taxes, shipping, handling and any amounts described on the Site before order submission) to your card or account. If your card or account cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. You agree to update your card, account or other payment information to keep it current at all times and that we may submit charges for processing even if the information is out of date. You must resolve any problem before proceeding with your order. All prices and availability of products are subject to change without notice. Taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.
Items obtained from this Site may only be shipped to customers who reside in countries listed within the Store. You represent and warrant that you reside in the country you select and that all items obtained from Microsoft, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the United States Government. These export regulations may require that your order information is screened for “denied parties” as determined by the applicable government authorities. Microsoft reserves the right to cancel or deny, in its sole discretion, your order with or without notice. If such occurs, you will not be billed. You agree not to export or re-export software or hardware, directly or indirectly, to any country not permitted by United States export restrictions (see any applicable license for more details).
This Site is like a store: every time a customer enters a store the customer is bound by the rules in effect on the date of the customer's visit. Similarly, 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.
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.
Last Updated: 12/06/2006

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