16. Miscellaneous. This Section and Sections 1, 9 (for amounts committed prior to the end of these Terms), 10, 11, 12, 13, 15, 18 and those applicable after the expiration of the Terms shall survive any termination or termination of these Terms. We may assign these Terms to you, in whole or in part, at any time without notice. You may not assign your rights or obligations under these Terms or transfer any rights to use the Services. This is the entire agreement between you and Microsoft for your use of the Services. It supersedes all prior agreements between you and Microsoft with respect to your use of the Services. All parts of these Terms apply to the fullest extent permitted by law. If a court or arbitrator finds that we cannot enforce any part of these Terms as written, we may replace these Terms with similar terms to the extent that they are enforceable under applicable law, but the rest of these Terms will not change. Section 15.i sets out what happens if portions of Section 15 (arbitration and class action waiver) are found to be illegal or unenforceable. Article 15.i shall prevail over this Article if it is inconsistent with this Article. Except for Section 15 (Arbitration and Class Action Waiver), these Terms are for your and our benefit; They are not for the benefit of any other person, except for Microsoft`s successors and missions.
Stock prices and index data (including index values). You may not use any dow jones indices, index data or Dow Jones brands in connection with the issuance, creation, sponsorship, trading, marketing or promotion of financial instruments or investment products (. B e.g. derivatives, structured products, mutual funds, exchange-traded funds, investment portfolios, etc.) if the price, yield and/or performance of the instrument or investment product on B. in connection with or intends to: replicate any of the indices or an approximation of any of the indices) without a separate written agreement with Dow Jones. 8. Software License. Unless you have a separate Microsoft License Agreement (for example.B.
If you use a Microsoft application that is included with Windows and that is part of Windows, the Microsoft Software License Terms for the Windows Operating System) apply to that software, to any software we make available to you as part of the Services, to these Terms. Apps purchased through certain stores owned or operated by Microsoft or its affiliates (including, but not limited to, the Office Store, Microsoft Store on Windows, and Microsoft Store on Xbox) are subject to Section 14.b.i below. These License Terms constitute an agreement between you and the publisher of the Application. Please read them. They apply to Software Apps that you download from the Microsoft Store, Windows Store, or Xbox Store (each referred to in these License Terms as the “Store”), including any updates or additions to the App, unless the App ships with separate terms, in which case these Terms apply. 13. Limitation of Liability. If you have a basis for claiming damages (including a breach of these Terms), you agree that your exclusive remedy is to obtain direct damages from Microsoft or its affiliates, resellers, distributors, third-party application and service providers, and suppliers equal to an amount equal to your service fees for the month in which the loss or breach occurred (or up to $10.00). USD if services are free). You may not claim any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental or punitive damages. These limitations and exclusions apply even if this remedy does not fully compensate you for losses or does not fulfill its essential purpose, or if we knew or should have known of the possibility of damages. To the fullest extent permitted by law, these limitations and exclusions apply to all or part of claims relating to these Terms, the Services or the Software related to the Services.
9. Terms of Payment. When you purchase a Service, these Payment Terms apply to your purchase and you agree to them. 15. Binding Arbitration and Class Action Waiver if you are a resident of the United States (or, if it is a corporation, your principal place of business is in the United States). We hope we never have a fight, but if we do, you and we agree to try to resolve it informally for 60 days. If this is not possible, you and we agree to enter into binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”) and not in court before a judge or jury. Instead, a neutral arbitrator decides and the arbitrator`s decision is final, except for a limited right of review under the FAA. Class actions, class arbitrations, private actions of the Attorney General, and other proceedings in which a person acts in a representative capacity are not permitted.
Nor the merging of individual proceedings without the consent of all parties involved. “We”, “us” and “our” include Microsoft, Skype (see Section 10) and Microsoft affiliates. Financial announcement. Microsoft is not a registered dealer/dealer or investment advisor under U.S. federal securities laws or securities laws of other jurisdictions and does not advise individuals on whether to invest, buy or sell securities or other financial products or services. Nothing on the Services constitutes an offer or solicitation to buy or sell any securities. Neither Microsoft nor its licensors of stock prices or index data endorse or recommend any particular financial product or service. Nothing on the Services is intended to be professional advice, including, but not limited to, investment or tax advice. The following products, apps, and services are covered by the Microsoft Services Agreement, but may not be available in your marketplace.
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