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Terms of sale

September 2011

Welcome to the Microsoft Online Store (the “Microsoft Store”). If you purchase products from the Microsoft Store, you accept and agree to these Terms of Sale, the Microsoft Terms of Use, Microsoft’s Privacy Statement, and any other applicable terms, conditions, policies or disclaimers found in the Microsoft Store (collectively the “Microsoft Store Policies”). We encourage you to read the Microsoft Store Policies carefully. PLEASE DO NOT PURCHASE PRODUCTS FROM THE MICROSOFT STORE IF YOU DO NOT AGREE TO THE MICROSOFT STORE POLICIES.

Microsoft may update the Terms of Sale at any time and without notice to you. Please review the current Terms of Sale each time you visit the Microsoft Store. The most current version of the Terms of Sale and the other Microsoft Store Policies can be reviewed by clicking on the appropriate hypertext link located at the bottom of the Microsoft Store web pages.

Please note that Microsoft’s Retail Store locations may have different policies. Please see Retail Store legal policies page for some of the policies specific to Microsoft’s Retail Stores.

For purchases of mobile phones and related services and products on http://phones.microsoftstore.com, the Simplexity LLC Privacy Policy and Terms of Purchase apply to your purchase. Please see http://phones.microsoftstore.com for more information on Simplexity’s legal policies.

GEOGRAPHIC AVAILABILITY

EXPORT LIMITATIONS

NOT FOR RESALE

LIMITATIONS ON USE BY MINORS

USE OF INFORMATION ABOUT YOU

ACCURACY OF BILLING AND ACCOUNT INFORMATION

PRODUCT DISPLAY/COLORS

ERRORS ON SITE

PRODUCT AVAILABILITY AND QUANTITY AND ORDER LIMITS

SOFTWARE PURCHASES AND LICENSE TERMS

INTELLECTUAL PROPERTY

TERMINATION OF SITE USE

DISCLAIMERS AND LIMITATION OF LIABILITY

GOVERNING LAW

GEOGRAPHIC AVAILABILITY

The Microsoft Store is intended for use by customers who reside in the United States. To purchase products, you must have a valid United States billing address and meet other geographical criteria. There may be limits on where we can ship products as set forth in our shipping policies.

EXPORT LIMITATIONS

Products purchased from the Microsoft Store (including hardware, software and software downloads) may be subject to customs and export control laws and regulations of the United States and/or other countries. By purchasing, licensing, downloading or using such products, you agree to comply with all international and national laws and regulations that apply to such products, including, without limitation, the U.S. Export Administration Act and the Arms Export Control Act.

NOT FOR RESALE

We offer products to you through the Microsoft Store for your purchase and use as an end user and not for purposes of resale. Any products that we may offer to you free of charge or for no charge are specifically not for resale.

LIMITATIONS ON USE BY MINORS

You must be at least 18 years of age to purchase products from the Microsoft Store.

USE OF INFORMATION ABOUT YOU

We process, use and maintain information about you and your purchase history according to Microsoft’s Privacy Statement.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete, and accurate purchase and account information for all purchases made at the Microsoft Store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

PRODUCT DISPLAY AND COLORS

The Microsoft Store attempts to display product colors and images as accurately as possible. Different computer monitors display color differently, however, and the Microsoft Store cannot guarantee that the color you see on your monitor will exactly match the color of the product.

ERRORS ON SITE

The Microsoft Store works hard to publish information accurately, update the site regularly and correct errors when discovered. However, any of the content on our website may be incorrect or out of date at any given time. The Microsoft Store reserves the right to make changes to the Microsoft Store website at any time, including to product prices, specifications, offers and availability. The Microsoft Store also reserves the right to revoke any product offer and refuse, reject or cancel any order at any time to correct for errors on the Microsoft Store website. If your credit card has already been charged for an order that is canceled, the Microsoft Store will issue a credit to the same credit card for the amount of the canceled charge.

PRODUCT AVAILABILITY AND QUANTITY AND ORDER LIMITS

Product prices and availability are subject to change at any time and without notice. The Microsoft Store may place a limit, at any time and for any reason, on quantities that may be purchased per order, per account, per credit card, per person, or per household. The Microsoft Store may also refuse, reject or cancel any order at any time and for any reason. If your credit card expires between when you place your order and when we process the transaction, we will cancel the order. Microsoft Store also reserves the right, in its discretion, to restrict or prohibit sales to dealers or resellers.

SOFTWARE PURCHASES AND LICENSE TERMS

When you purchase software, you are actually purchasing a license to use the software rather than purchasing the software itself. Software licenses purchased at the Microsoft Store are subject to the license agreement that accompanies the software product. You will be required to agree to the terms and conditions of the license agreement at the time you install the software. Please read the Microsoft Store Information on Terms of Use for more information. BECAUSE SOFTWARE PRODUCTS GENERALLY CANNOT BE RETURNED ONCE OPENED, PLEASE CONTACT THE MICROSOFT STORE IF YOU WOULD LIKE TO READ A COPY OF THE APPLICABLE LICENSE AGREEMENT BEFORE YOU OPEN THE SOFTWARE.

INTELLECTUAL PROPERTY

Products offered for sale on the Microsoft Store website are the intellectual property of Microsoft or its suppliers.

TERMINATION OF SITE USE

The Microsoft Store may terminate your account or use of the Microsoft Store website at any time and for any reason. By using the Microsoft Store, you agree to be responsible for any orders you make or charges you incur prior such termination. Microsoft may change, discontinue, or otherwise suspend the Microsoft Store at any time, for any reason, and without prior notice to you.

DISCLAIMERS AND LIMITATION OF LIABILITY

THE MICROSOFT STORE AND ITS CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BY USING THE MICROSOFT STORE, YOU AGREE TO ASSUME ALL RELATED RISKS. NEITHER MICROSOFT NOR ITS SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING THE MICROSOFT STORE, INCLUDING WITHOUT LIMITATION THE ACCURACY OF THE CONTENT OR THAT YOUR USE OF THE MICROSOFT STORE WILL BE UNINTERRUPTED OR ERROR FREE. IN NO EVENT SHALL MICROSOFT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE OPERATION, USE OR PERFORMANCE OF THE MICROSOFT STORE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR THE INFORMATION AVAILABLE FROM THE MICROSOFT STORE OR SERVICES. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT DISCLAIMS ALL WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, RELATED TO YOUR USE OF THE MICROSOFT STORE WEBSITE.

GOVERNING LAW

Washington state law governs the interpretation of the Terms of Sale and applies to claims for breach of them regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws.