SUBSCRIPTION AGREEMENT - MICROSOFT DREAMSPARK STUDENT
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 student offering (“Student Subscription”). Please read it. For purposes of this agreement the term “software” applies to the software provided to you under the Student Subscription, which includes the media on which you received it, if any.
1. DEFINITION OF YOU OR YOUR
“You” or “your” means a person enrolled in and attending courses that lead to academic credit or certification through an educational institution.
2. TERMS FOR STUDENT SUBSCRIPTION
a. Student Subscription
Subject to the terms of this agreement, the Student Subscription provides subscription to access software. Microsoft may change the software or other offerings that it makes available under the Student Subscription at any time without prior notice to you.
b. End of Student Status
If you no longer qualify for the Student Subscription (by failing to meet the definition of "you" above), then your Student 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 Student Subscription at any time without prior notice to you for any reason or no reason.
3. STUDENT SUBSCRIPTION RIGHTS
a. Student Subscription Software
Except for terms that explicitly state that they override these terms, the terms of this agreement supersede and control over any conflicting license terms you may encounter in the software, even if installation of the software requires you to “accept” a separate end user license agreement or if you are otherwise obligated to accept other terms.
b. Installation and Use Rights
You may install and use on your devices no more than two copies of each of the software offerings made available to you through the Student Subscription, but only (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 Student Subscription and software are personal to you. You may not permit others to access the software using your Student Subscription. You may not transfer your Student Subscription.
You may not use the software provided as part of the Student Subscription:
• for commercial purposes (except as permitted under Section 3(d); or
• to develop or maintain your own administrative or IT systems.
d. No commercial use. If you use the software to create software programs, you may only commercially use or distribute them upon the purchase of appropriate commercial license(s) for the software.
4. NOT FOR RESALE SOFTWARE
You may not resell the software provided as part of the Student Subscription.
5. SUPPORT SERVICES
Software and other services provided under the Student Subscription are provided “as is,” we do not provide support services for them.
6. 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.
7. APPLICABLE LAW
a. United States
If you acquired the Student 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.
8. 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.
9. DISCLAIMER OF WARRANTY.
The Student 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.
10. 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.