Common use of LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES Clause in Contracts

LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. To the extent not prohibited by law, you can recover from the application publisher only direct damages up to the amount you paid for the application or $1.00, whichever is greater. You will not, and waive any right to, seek to recover any other damages, including consequential, lost profits, special, indirect or incidental damages from the application publisher. This limitation applies to: Anything related to the application or services made available through the application; and Claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, or other tort; violation of a statute or regulation; unjust enrichment; or under any other theory; all to the extent permitted by applicable law. It also applies even if: This remedy doesn't fully compensate you for any losses; or The application publisher knew or should have known about the possibility of the damages. STANDARD APPLICATION LICENSE TERMS FOR APPLICATIONS OFFERED IN ALL OTHER GEOGRAPHIES MICROSOFT STORE, MICROSOFT STORE ON WINDOWS, MICROSOFT EDGE ADD-ONS SITE, AND MICROSOFT STORE ON XBOX These license terms are an agreement between you and the application publisher. Please read them. They apply to the software applications you download from the Microsoft Store, Microsoft Store on Windows, Microsoft Edge Add-ons site, or Microsoft Store on Xbox (each of which is referred to in these license terms as the "Store"), including any updates or supplements for the application, unless the application comes with separate terms, in which case those terms apply. BY DOWNLOADING OR USING THE APPLICATION, OR ATTEMPTING TO DO ANY OF THESE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, YOU HAVE NO RIGHT TO AND MUST NOT DOWNLOAD OR USE THE APPLICATION. The application publisher means the entity licensing the application to you, as identified in the Store. If you comply with these license terms, you have the rights below.

Appears in 5 contracts

Samples: App Developer Agreement, App Developer Agreement, App Developer Agreement

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LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. To the extent not prohibited by law, if you have any basis for recovering damages, you can recover from the application publisher only direct damages up to the amount you paid for the application or $1.00, whichever is greater. You will not, and waive any right to, seek to recover any other damages, including lost profits and consequential, lost profits, special, indirect direct, indirect, or incidental damages damages, from the application publisher. This limitation applies to: Anything related to the application or services made available through the application; and Claims for breach of contract, warranty, guarantee, guarantee or condition; strict liability, negligence, or other tort; violation of a statute or regulation; unjust enrichment; or under any other theory; all to the extent permitted by applicable law. It also applies even if: This remedy doesn't fully compensate you for any losses; or The application publisher knew or should have known about the possibility of the damages. STANDARD APPLICATION LICENSE TERMS FOR APPLICATIONS OFFERED IN ALL OTHER GEOGRAPHIES EUROPEAN ECONOMIC AREA MICROSOFT STORE, MICROSOFT STORE ON WINDOWS, MICROSOFT EDGE ADD-ONS SITE, AND MICROSOFT STORE ON XBOX These license terms are an agreement between you and the application publisher. Please read them. They apply to the software applications you download from the Microsoft Store, Microsoft Store on Windows, Microsoft Edge Add-ons site, or Microsoft Store on Xbox (each of which is referred to in these license terms as the "Store"), including any updates or supplements for the application, unless the application comes with separate terms, in which case those terms apply. BY DOWNLOADING OR USING THE APPLICATION, OR ATTEMPTING TO DO ANY OF THESE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEMTHESE TERMS, YOU HAVE NO RIGHT TO AND MUST NOT DOWNLOAD OR USE THE APPLICATION. The application publisher means the entity licensing the application to you, as identified in the Store. If you comply with these license terms, you have the rights below.

Appears in 5 contracts

Samples: App Developer Agreement, App Developer Agreement, App Developer Agreement

LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. To the extent not prohibited by law, you You can recover from the application publisher Microsoft and its suppliers only direct damages up to the amount you paid for the application or U.S. $1.00, whichever is greater5.00. You will not, and waive any right to, seek to cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages from the application publisherdamages. This limitation applies to: Anything to • anything related to the application software, services, content (including code) on third party Internet sites, or services made available through the applicationthird party programs; and Claims • claims for breach of contract, breach of warranty, guarantee, guarantee or condition; , strict liability, negligence, or other tort; violation of a statute or regulation; unjust enrichment; or under any other theory; all tort to the extent permitted by applicable law. It also applies even if: This remedy doesn't fully compensate you for any losses; or The application publisher if Microsoft knew or should have known about the possibility of the damages. STANDARD APPLICATION 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. MICROSOFT EVALUATION SOFTWARE LICENSE TERMS MICROSOFT SHAREPOINT SERVER 2013 MICROSOFT SHAREPOINT SERVER 2013 FOR APPLICATIONS OFFERED IN ALL OTHER GEOGRAPHIES INTERNET SITES MICROSOFT STORESHAREPOINT FOUNDATION 2013 MICROSOFT SQL SERVER 2008 R2 EXPRESS Below are two separate sets of terms for Microsoft SharePoint Server 2013. Also below are the license terms for Microsoft SharePoint Foundation 2013 and Microsoft SQL Server 2008 R2 Express Edition, MICROSOFT STORE ON WINDOWSthe technical pre- requisites for Microsoft SharePoint Server 2013. Only one set of the Microsoft SharePoint Server 2013 applies to you. Your product key will determine which terms apply to you. If you have a Trial product key, MICROSOFT EDGE ADD-ONS SITEthen the Trial Terms below apply to you. If you do not have a Trial Product key, AND MICROSOFT STORE ON XBOX then the following Notice applies to you: NOTICE Your use of this software is subject to the terms and conditions of the license agreement by which you acquire this software. For instance, if you are: • a volume license customer, use of this software is subject to your volume license agreement. • a MSDN customer, use of this software is subject to the MSDN agreement. You may not use this software if you have not validly acquired a license for the software from Microsoft or its licensed distributors. TRIAL TERMS These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and the application publisheryou. Please read them. They apply to the evaluation software applications named above, which includes the media on which you download from the received it, if any. The terms also apply to any Microsoft Store• updates, Microsoft Store on Windows• supplements, Microsoft Edge Add• Internet-ons sitebased services, or Microsoft Store on Xbox (each of which is referred to in these license terms as the "Store"), including any updates or supplements and • support services for the applicationthis software, unless the application comes with separate termsother terms accompany those items. If so, in which case those terms apply. BY DOWNLOADING OR USING THE APPLICATIONBy using the software, OR ATTEMPTING TO DO ANY OF THESEyou accept these terms. If you do not accept them, YOU ACCEPT THESE TERMSdo not use the software. IF YOU DO NOT ACCEPT THEMAs described below, YOU HAVE NO RIGHT TO AND MUST NOT DOWNLOAD OR USE THE APPLICATION. The application publisher means using some features also operates as your consent to the entity licensing the application to you, as identified in the Storetransmission of certain standard computer information for Internet-based services. If you comply with these license terms, you have the rights below.

Appears in 1 contract

Samples: lcs.dynamics.com

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LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. To the extent not prohibited by law, you You can recover from the application publisher Microsoft and its suppliers only direct damages up to the amount you paid for the application or U.S. $1.00, whichever is greater5.00. You will not, and waive any right to, seek to cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages from the application publisherdamages. This limitation applies to: Anything to  anything related to the application software, services, content (including code) on third party Internet sites, or services made available through the applicationthird party programs; and Claims  claims for breach of contract, breach of warranty, guarantee, guarantee or condition; , strict liability, negligence, or other tort; violation of a statute or regulation; unjust enrichment; or under any other theory; all tort to the extent permitted by applicable law. It also applies even if: This remedy doesn't fully compensate you for any losses; or The application publisher if Microsoft knew or should have known about the possibility of the damages. STANDARD 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. Microsoft Software License Agreement MICROSOFT OFFICE 2013 DESKTOP APPLICATION SOFTWARE To determine which one of the two separate sets of license terms below apply to you, check the license designation. This is printed either on your product key, or might be shown on your Certificate of Authenticity, or on the download page if you obtained the software online. If your designation is "FPP," "Retail" or "PIPC," then the Retail License Terms below apply to you. If OEM, then the OEM License Terms below apply to you. If you need help, please go to xxxxxxxxx.xxx/xxxxxx/xxxx to determine which license you have. RETAIL LICENSE TERMS FOR APPLICATIONS OFFERED IN ALL OTHER GEOGRAPHIES MICROSOFT STORE, MICROSOFT STORE ON WINDOWS, MICROSOFT EDGE ADD-ONS SITE, AND MICROSOFT STORE ON XBOX These Thank you for choosing Microsoft Office 2013. This is a license terms are an agreement between you and Microsoft Corporation (or, based on where you live, one of its affiliates) that describes your rights to use the application publisherOffice 2013 software. Please read themFor your convenience, we've organized this agreement into two parts. They apply to The first part includes introductory terms; the software applications you download from Additional Terms and Limited Warranty follow and contain greater detail. You should review the Microsoft Store, Microsoft Store on Windows, Microsoft Edge Add-ons site, or Microsoft Store on Xbox (each of which is referred to in these license terms as the "Store")entire agreement, including any updates or supplements for the application, unless the application comes with separate linked terms, in which case those because all of the terms applyare important and together create this contract that applies to you. You can review linked terms by pasting the forward link into your browser window. THE ADDITIONAL TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IF YOU LIVE IN THE UNITED STATES, THESE AFFECT YOUR RIGHTS TO RESOLVE A DISPUTE WITH MICROSOFT, AND YOU SHOULD READ THEM CAREFULLY. BY DOWNLOADING ACCEPTING THIS AGREEMENT OR USING THE APPLICATION, OR ATTEMPTING TO DO ANY OF THESESOFTWARE, YOU ACCEPT AGREE TO ALL OF THESE TERMSTERMS AND CONSENT TO THE TRANSMISSION OF CERTAIN INFORMATION DURING ACTIVATION AND FOR INTERNET- BASED FEATURES OF THE SOFTWARE. IF YOU DO NOT ACCEPT THEMAND COMPLY WITH THESE TERMS, YOU HAVE NO RIGHT TO AND MUST MAY NOT DOWNLOAD OR USE THE APPLICATIONSOFTWARE OR FEATURES. Instead, you should return it to the retailer or other place where you purchased the software license, for a refund or credit. How can I use the software? We do not sell our software or your copy of it – we only license it. Under our license we grant you the right to install and run that one copy on one computer (the licensed computer) for use by one person at a time, but only if you comply with all the terms of this agreement. Our software license is permanently assigned to the licensed computer. Please refer to the Additional Terms for licenses and conditions that are specific to certain countries, Limited Rights Versions and Special Editions of the software. The application publisher means components of the entity software are licensed as a single unit. You may not separate or virtualize the components and install them on different computers. The software may include more than one version, such as 32-bit and 64-bit, and you may install and use only one version at a time. Except for the permitted use described under "Remote Access" below, this license is for direct use of the software only through the input mechanisms of the licensed computer, such as a keyboard, mouse, or touchscreen. It does not give permission for installation of the software on a server or for use by or through other computers or devices connected to the server over an internal or external network. The software also is not licensed for commercial hosting. For more information on multiple user scenarios and virtualization, see the Additional Terms. How do I obtain a backup copy? You may order or download a backup copy of the software from xxxxxxxxx.xxx/xxxxxx/xxxxxx. You may not distribute the backup copy of the software. You may use it only to reinstall the software on the licensed computer. Can I transfer the software to another computer or user? You may not transfer the software to another computer or user. You may transfer the software directly to a third party only as installed on the licensed computer, with the Certificate of Authenticity label and this agreement. Before the transfer, that party must agree that this agreement applies to the transfer and use of the software. You may not retain any copies. How does Internet activation work? Activation associates the use of the software with a specific computer or device. During activation, the software will automatically contact Microsoft or its affiliate to confirm the license is associated with the licensed computer. This process is called "activation." Because activation is meant to identify unauthorized changes to the licensing or activation functions of the application software, and to youotherwise prevent unlicensed use of the software, as identified in you have no right to use the Storesoftware after the time permitted for activation and you may not bypass or circumvent activation. If you comply with have not entered a product key during the time permitted for activation, most features of the software will stop running. Does the software collect my personal information? If you connect your computer 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 license termsfeatures, 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. What does this agreement apply to? This agreement applies to the software, the media on which you received the software, and also any Microsoft updates, supplements, and services for the software, unless other terms come with them. 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 the 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. What about upgrading or converting the software? If you install the software covered by this agreement as an upgrade or conversion to your existing software, then the upgrade or conversion replaces the original software that you are upgrading or converting from. 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 rights below.upgrade software and replaces the agreement for the software from which you upgraded. ADDITIONAL TERMS

Appears in 1 contract

Samples: lcs.dynamics.com

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