MICROSOFT SOFTWARE
LICENSE TERMS
MICROSOFT
WINDOWS PC HEALTH CHECK
IF
YOU LIVE IN (OR ARE A BUSINESS WITH A PRINCIPAL PLACE OF BUSINESS IN) THE
UNITED STATES, PLEASE READ THE “BINDING ARBITRATION AND CLASS ACTION WAIVER” SECTION
BELOW. IT AFFECTS HOW DISPUTES ARE RESOLVED.
These license
terms are an agreement between you and Microsoft Corporation (or one of its
affiliates). They apply to the software named above and any Microsoft services
or software updates (except to the extent such services or updates are
accompanied by new or additional terms, in which case those different
terms apply prospectively and do not alter your or Microsoft’s rights relating
to pre-updated software or services). IF YOU COMPLY WITH THESE
LICENSE TERMS, YOU HAVE THE RIGHTS BELOW. BY USING THE SOFTWARE, YOU
ACCEPT THESE TERMS.
1. INSTALLATION
AND USE RIGHTS.
a) General.
You may install and use any number of copies of the software.
b) Third
Party Components. The software may include third party components with
separate legal notices or governed by other agreements, as may be described in
the ThirdPartyNotices file(s) accompanying the software.
a) Data
Collection. The software may collect information about you and your use of
the software, and send that to Microsoft. Microsoft may use this information to
provide services and improve our products and services. You may opt-out of many
of these scenarios, but not all, as described in the product documentation.
There are also some features in the software that may enable you to collect
data from users of your applications. If you use these features to enable data
collection in your applications, you must comply with applicable law, including
providing appropriate notices to users of your applications. You can learn more
about data collection and use in the help documentation and the privacy
statement at https://aka.ms/privacy. Your
use of the software operates as your consent to these practices.
b) Processing
of Personal Data. To the extent Microsoft is a processor or subprocessor of
personal data in connection with the software, Microsoft makes the commitments
in the European Union General Data Protection Regulation Terms of the Online
Services Terms to all customers effective May 25, 2018, at https://docs.microsoft.com/en-us/legal/gdpr.
3. SCOPE
OF LICENSE. The software is licensed, not sold. Microsoft reserves all
other rights. Unless applicable law gives you more rights despite this
limitation, you will not (and have no right to):
a)
work around any technical limitations
in the software that only allow you to use it in certain ways;
b)
reverse engineer, decompile or
disassemble the software, or otherwise attempt to derive the source code for
the software, except and to the extent required by third party licensing terms
governing use of certain open source components that may be included in the
software;
c)
remove, minimize, block, or modify any
notices of Microsoft or its suppliers in the software;
d)
use the software in any way that is
against the law or to create or propagate malware; or
e) share,
publish, distribute, or lease the software, provide the software as a
stand-alone offering for others to use, or transfer the software or this
agreement to any third party.
4. EXPORT
RESTRICTIONS. You must comply with all domestic and international export
laws and regulations that apply to the software, which include restrictions on
destinations, end users, and end use. For further information on export
restrictions, visit https://aka.ms/exporting.
5. SUPPORT
SERVICES. Microsoft is not obligated under this agreement to provide any
support services for the software. Any support provided is “as is”, “with all
faults”, and without warranty of any kind.
6. UPDATES.
The software may periodically check for updates, and download and install them
for you. You may obtain updates only from Microsoft or authorized sources.
Microsoft may need to update your system to provide you with updates. You agree
to receive these automatic updates without any additional notice. Updates may
not include or support all existing software features, services, or peripheral
devices.
8. ENTIRE
AGREEMENT. This agreement, and any other terms Microsoft may provide for
supplements, updates, or third-party applications, is the entire agreement for
the software.
9. APPLICABLE
LAW AND PLACE TO RESOLVE DISPUTES. If you acquired the software in the
United States or Canada, the laws of the state or province where you live (or,
if a business, where your principal place of business is located) govern the
interpretation of this agreement, claims for its breach, and all other claims
(including consumer protection, unfair competition, and tort claims),
regardless of conflict of laws principles, except that the FAA governs
everything related to arbitration. If you acquired the software in any other
country, its laws apply, except that the FAA governs everything related to
arbitration. If U.S. federal jurisdiction exists, you and Microsoft consent to
exclusive jurisdiction and venue in the federal court in King County,
Washington for all disputes heard in court (excluding arbitration). If not, you
and Microsoft consent to exclusive jurisdiction and venue in the Superior Court
of King County, Washington for all disputes heard in court (excluding
arbitration).
10. CONSUMER
RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal rights.
You may have other rights, including consumer rights, under the laws of your
state, province, or country. Separate and apart from your relationship with
Microsoft, you may also have rights with respect to the party from which you
acquired the software. This agreement does not change those other rights if the
laws of your state, province, or country do not permit it to do so. For
example, if you acquired the software in one of the below regions, or mandatory
country law applies, then the following provisions apply to you:
a)
Australia. You have statutory guarantees under the Australian
Consumer Law and nothing in this agreement is intended to affect those rights.
b)
Canada. If you acquired this software in Canada, you may stop
receiving updates by turning off the automatic update feature, disconnecting
your device from the Internet (if and when you re-connect to the Internet,
however, the software will resume checking for and installing updates), or
uninstalling the software. The product documentation, if any, may also specify
how to turn off updates for your specific device or software.
c)
Germany and Austria.
i. Warranty. The properly licensed software will perform
substantially as described in any Microsoft materials that accompany the
software. However, Microsoft gives no contractual guarantee in relation to the
licensed software.
ii. Limitation of Liability. In case of intentional conduct, gross negligence,
claims based on the Product Liability Act, as well as, in case of death or
personal or physical injury, Microsoft is liable according to the statutory
law.
Subject to the foregoing clause ii.,
Microsoft will only be liable for slight negligence if Microsoft is in breach
of such material contractual obligations, the fulfillment of which facilitate
the due performance of this agreement, the breach of which would endanger the
purpose of this agreement and the compliance with which a party may constantly
trust in (so-called "cardinal obligations"). In other cases of slight
negligence, Microsoft will not be liable for slight negligence.
11. DISCLAIMER
OF WARRANTY. THE SOFTWARE IS LICENSED “AS IS.” YOU BEAR THE RISK OF USING IT.
MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. TO THE EXTENT
PERMITTED UNDER APPLICABLE LAWS, MICROSOFT EXCLUDES ALL IMPLIED WARRANTIES,
INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT.
This limitation
applies to (a) anything related to the software, services, content (including
code) on third party Internet sites, or third party applications; and (b)
claims for breach of contract, warranty, guarantee, or condition; strict
liability, negligence, or other tort; or any other claim; in each case to the
extent permitted by applicable law.
It also applies even if Microsoft knew
or should have known about the possibility of the damages. The above limitation
or exclusion may not apply to you because your state, province, or country may
not allow the exclusion or limitation of incidental, consequential, or other
damages.