MICROSOFT DREAMSPARK DIRECT SUBSCRIPTION AGREEMENT
This is a subscription agreement (“agreement”) between Microsoft Corporation (or based on where you live, one of its affiliates) and you for the Microsoft DreamSpark Direct student offering (“DreamSpark Direct Subscription”). Please read it. For purposes of this agreement, the term “software” applies to the software provided to you under the DreamSpark Direct Subscription, which includes the media on which you received it, if any.
1. DEFINITION OF YOU OR YOUR.
"You", “your” or “student” means a person currently enrolled in and attending courses that lead to academic credit or certification through an accredited educational institution.
2. TERMS FOR DREAMSPARK DIRECT SUBSCRIPTION.
a. DreamSpark Direct Subscription.
Subject to the terms of this agreement, the DreamSpark Direct Subscription provides a subscription to access software. Microsoft may change the software or other offerings that it makes available under the DreamSpark Direct Subscription at any time without prior notice to you.
b. End of Student Status.
The DreamSpark Direct Subscription is a special offering for students. Once you no longer qualify for the DreamSpark Direct Subscription (due to graduation or otherwise no longer meeting the definition of "you" above), your DreamSpark Direct Subscription will terminate; however, you may continue to use the software you obtained prior to termination of your student status subject to the terms of this agreement.
Microsoft may terminate the entire DreamSpark program or your specific DreamSpark Direct Subscription at any time without prior notice to you for any reason or no reason.
3. DREAMSPARK DIRECT SUBSCRIPTION RIGHTS.
a. DreamSpark Direct Subscription Software.
Your use of the software is subject to the license terms provided with the software, such as click-through license terms, except for any changes to those terms that are provided in this agreement.
b. Installation and Use Rights.
You may install and use two (2) copies of the DreamSpark Direct Subscription software on your devices (a) to support your education; (b) in non-commercial research; or (c) to design, develop, test, and demonstrate software programs for the above purposes. The DreamSpark Direct Subscription and software are personal to you and may not be shared, transferred, resold, assigned or used to develop or maintain your own administrative or IT systems.
c. Using Windows Desktop Operating Systems.
Your DreamSpark Direct Subscription includes certain Windows operating system products. You may install these products only on a computer that is already licensed to run a full version of a Windows operating system on it, as evidenced by a valid Certificate of Authenticity (COA) for a Windows operating system affixed to the computer.
d. No commercial use.
Except as provided below, you may not use the DreamSpark Direct Subscription software for commercial purposes or commercial software application development, publication or distribution unless you first purchase the appropriate commercial license(s) for the software.
• Windows Phone Application Requirements. To commercially publish and distribute a phone-based software application that you developed using the DreamSpark Subscription software, the application must be submitted through the Windows Phone Dev Center (https://dev.windowsphone.com/) for publication in the Windows Phone Store and comply with all applicable Windows Phone Store Application Provider requirements.
• Windows Application Requirements. To commercially publish and distribute a computer-based software application that you developed using the DreamSpark Subscription software, the application must be published in the Windows Store and comply with all applicable Windows Store Application Developer requirements.
• Xbox LIVE Indie Games Development Requirements. To commercially publish and distribute a console-based game or software application that you developed using the DreamSpark Subscription software, the application must be published to Xbox LIVE Indie Games and comply with all applicable Xbox LIVE Indie Games development requirements.
4. PARENTAL OR LEGAL GUARDIAN CONSENT.
If you are under eighteen (18) years of age, your parent or legal guardian must provide verifiable consent before you may create a DreamSpark.com account or access any software through the DreamSpark Direct Subscription. If your parent or legal guardian does not provide their consent to the Microsoft DreamSpark student support team, you may not accept the terms of this agreement and the DreamSpark Direct Subscription will not be made available to you until such consent is given.
5. NOT FOR RESALE SOFTWARE.
You may not resell the software provided as part of the DreamSpark Direct Subscription.
6. SUPPORT SERVICES.
Software and other services provided under the DreamSpark Direct Subscription are provided “as is,” we do not provide support services for them.
7. ENTIRE AGREEMENT.
This agreement, and the terms for software, supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
8. APPLICABLE LAW.
a. United States.
If you acquired the DreamSpark Direct Subscription in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, 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, unfair competition laws, and in tort.
b. Outside the United States.
If you live in any other country, the laws of that country apply.
9. LEGAL EFFECT.
This agreement describes certain legal rights. You may have other rights under the laws of your country. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
10. DISCLAIMER OF WARRANTY.
The DreamSpark Direct Subscription is provided “as-is.” You bear the risk of using/participating in it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
• anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
• claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort 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 country may not allow the exclusion or limitation of incidental, consequential or other damages.