Microsoft(R) Home Use Program

Microsoft Office Home Use Program Terms and Conditions
Last Updated: 10/23/2008

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 Terms of Use (which terms are incorporated herein by this reference),
(b) the Microsoft and Digital River Privacy Statements,
(c) the Microsoft® Home Use Program (“MSHUP”) Terms & Conditions which are set forth below, and
(d) 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 that has authorized you to act on that person’s behalf.

By using the Site or by placing an order through it, you agree as follows:
1. Privacy, Security and Your Obligation For Use of Your Email, Employer Name and Program Code.
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 exchange, use and store information about you and your orders in accordance with our Privacy Policy. You also consent to Microsoft®’s disclosure to your employer of information pertaining to your purchases under MSHUP (as is necessary and appropriate to facilitate your employer’s compliance with the MSHUP program requirements and any employment-benefit, tax or reporting obligation that you or they may have in connection with your purchases under MSHUP).
 
Please consult the Common Questions on the Site for information about security used at the Site.
 
If an order is placed through the Site in your name with your email address (the email address through which access to this Site was obtained) and MSHUP program code, we will assume that you have placed the order. Subject to applicable law, you agree that we may make that assumption and that you will be obligated for that order. So please protect and guard access to your computer, email address, MSHUP communications sent to that email address, program code, and credit card number (if any).

2. Information About Microsoft® Licenses & License Refunds.
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, 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 purchase the software, then that conduct will constitute your agreement..

3. DISCLAIMER OF TAX LIABILITY REGARDING ITEMS YOU ACQUIRE.
You acknowledge that your participation in MSHUP may have tax implications for you. You may wish to consult your tax advisor before you submit your order. Microsoft® assumes no responsibility for compliance with any employment-benefit, tax or reporting obligation that you may have in connection with your purchases under MSHUP.
 
4. NOTICE OF ABILITY TO OBTAIN COPY OF LIMITED WARRANTIES.
For items that come with a Limited Warranty, you may obtain a free copy of the Limited Warranty by contacting contact MSHUP customer assistance

5. 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 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. 

6. License to Use the Site.
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 MSHUP 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. If you are not currently an employee of a Microsoft® volume license customer participating in the Microsoft® Home Use Program and have not received eligibility notification directly from that employer, you have no right to view or use this site. 

7. Your Representations & Warranties.
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 the credit card charge (or other Microsoft®-approved payment arrangement) on your own behalf or on behalf of any person for whom you are acting as agent and that you are authorized to access this Site using the email address provided, and MSHUP communications and program code sent to that email address ;
(c) you are currently an employee of a Microsoft® volume license customer participating in the MSHUP and have received eligibility notification directly from that employer;
(d) you are a licensed user of a copy of each MSHUP – eligible desktop application for which you are placing an order, and each such copy is currently enrolled in Software Assurance coverage,
(e) you are licensing MSHUP software solely for your own use in accordance with the licensing terms provided with the MSHUP software, and
(f) all information that you submit to us is true, accurate and current. 

8. Washington Law and Washington (King County) Forum.
Licenses for Microsoft® software are generally governed by the laws of the State of Washington U.S.A.; this Agreement is also governed by that 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 a license or this Agreement. Sometimes a license or applicable law might specify another governing law or jurisdiction, in which case that law and jurisdiction will apply as applicable. 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 Policy) 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. 

9. Electronic Communications; Notices.
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. 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. 

10. Submission of Comments; Ideas and Other Information.
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. 

11. Order Availability and Cancellation.
All items ordered from Microsoft® are subject to availability. We reserve the right to reject any and all orders. Microsoft® also reserves the right to limit the quantity of any items that may be obtained by you through this Site.
 
You may cancel all or any part of your order before you submit the order.

12. Payment; Credit for Refunds & Pricing.
Except as otherwise provided, only valid credit cards acceptable to Microsoft® may be used for orders placed under MSHUP, and all refunds will be credited to the same card, or otherwise credited to you through alternative Microsoft® -approved payment arrangements. 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 alternatively to charge you through other Microsoft® -approved payment arrangements. Your order may be suspended or cancelled automatically if your card cannot be verified, is invalid, or is not otherwise acceptable, or if your order otherwise does not comply with Microsoft’s program requirements. You agree to update your card information to keep it current at all times and that we may submit charges for processing even if your card has expired. 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. 

13. Limitation on License Purchases and Transfers; Term of MSHUP Licenses.
Microsoft® software is licensed through MSHUP solely for the use of qualifying employees of Microsoft® volume licensing customers participating in the Microsoft® Home Use Program. For purposes of MSHUP, a qualifying employee is a licensed user of a copy of a MSHUP – eligible desktop application currently enrolled in Software Assurance coverage. A qualifying employee may order only one MSHUP license per software title. MSHUP licenses are non-transferable.
 
You acknowledge that your right to use Microsoft® software under an MSHUP license will expire upon the earlier of
(a) termination of your employment with the volume licensing customer through which you gained access to MSHUP, or
(b) the expiration or termination of Software Assurance coverage for the corresponding copy of the MSHUP – eligible desktop application that you use at work. 

14. Geographical & Export Restrictions.
All items obtained under MSHUP, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the United States Government. You agree not to export or re-export software, directly or indirectly, to any country not permitted by United States export restrictions (see any applicable license for more details).

15. Changes to MSHUP Terms & Conditions.
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.

16. 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.
17. Customers Outside the U.S.A.
In the case where the law of any of the jurisdictions cited below applies to your MSHUP purchases, the following country-specific provisions will replace or supplement the equivalent provisions above:
Canada
Replace Terms and Conditions, subsection 7, with the following:
 
You represent and warrant for the benefit of Microsoft® that:
(a) you are the age of majority in the province or territory in which you reside;
(b) you possess the legal right and ability to enter into this Agreement and make the credit card charge (or other Microsoft® -approved payment arrangement) on your own behalf or on behalf of any person for whom you are acting as agent and that you are authorized to access this Site using the email address provided, and MSHUP communications and program code sent to that email address ;
(c) you are currently an employee of a Microsoft® volume license customer participating in the MSHUP and have received eligibility notification directly from that employer;
(d) you are a licensed user of a copy of each MSHUP – eligible desktop application for which you are placing an order, and each such copy is currently enrolled in Software Assurance coverage,
(e) you are licensing MSHUP software solely for your own use in accordance with the licensing terms provided with the MSHUP software, and
(f) all information that you submit to us is true, accurate and current.
 
Supplement Terms and Conditions, subsection 16, with the following new paragraph:
 
It is the express wish of the parties that this Agreement and all related documents be drawn up in English.
C’est la volonté exprèsse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
 
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