MICROSOFT APPLICATION LICENSE TERMS

These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the application named above. The terms also apply to any Microsoft

·         updates,

·         supplements,

·         Internet-based services, and

·         support services

for this application, unless other terms accompany those items. If so, those terms apply.

By using the APPLICATION, you accept these terms. If you do not accept them, do not use the APPLICATION.

1.   INSTALLATION AND USE RIGHTS.

a.   Installation and Use. You may install and use any number of copies of this application on your macOS-based devices which you own or control. You may use this application with your company’s valid subscription of Microsoft Intune or an online service that includes Microsoft Intune functionalities.

b.   Updates. Updates or upgrades to Microsoft Intune may be required for full functionality. Some functionality may not be available in all countries.

c.   Included Microsoft Programs. The application contains other Microsoft programs. These license terms apply to your use of those programs.

d.   Third Party Programs. The application may include third party programs that Microsoft, not the third party, licenses to you under this agreement. Notices, if any, for the third party program are included for your information only.

2.   INTERNET ACCESS MAY BE REQUIRED. You may incur charges related to Internet access, data transfer and other services per the terms of the data service plan and any other agreement you have with your network operator due to use of the application. You are solely responsible for any network operator charges.

3.   INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the application. It may change or cancel them at any time.

a.   Consent for Internet-Based or Wireless Services. The application may connect to Internet-based wireless services. Your use of the application operates as your consent to the transmission of standard device information (including but not limited to technical information about your device, system and application software, and peripherals) for Internet-based or wireless services. If other terms are provided in connection with your use of the services, those terms also apply.

·        Data. Some online services require, or may be enhanced by, the installation of local software like this one. At your, or your Admin’s direction, this software may send data from a device to or from an online service.

·        Usage Data. Microsoft automatically collects usage and performance data over the internet. This data will be used to provide and improve Microsoft products and services and enhance your experience. You can disable this feature.

b.   Misuse of Internet-based Services. You may not use any Internet-based service in any way that could harm it or impair anyone else’s use of it or the wireless network. You may not use the service to try to gain unauthorized access to any service, data, account or network by any means.

4.   FEEDBACK. If you give feedback about the application to Microsoft, you give to Microsoft, without charge, the right to use, share and commercialize your feedback in any way and for any purpose. You also give to third parties, without charge, any patent rights needed for their products, technologies and services to use or interface with any specific parts of a Microsoft software or service that includes the feedback. You will not give feedback that is subject to a license that requires Microsoft to license its software or documentation to third parties because we include your feedback in them. These rights survive this agreement.

5.   SCOPE OF LICENSE. The application is licensed, not sold. This agreement only gives you some rights to use the application. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the application only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the application that only allow you to use it in certain ways. You may not

·         work around any technical limitations in the application;

·         reverse engineer, decompile or disassemble the application, except and only to the extent that applicable law expressly permits, despite this limitation;

·         make more copies of the application than specified in this agreement or allowed by applicable law, despite this limitation;

·         publish the application for others to copy;

·         rent, lease or lend the application; or

·         transfer the application or this agreement to any third party.

6.   EXPORT RESTRICTIONS. The application is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the application. These laws include restrictions on destinations, end users and end use. For additional information, see https://www.microsoft.com/exporting.

7.   SUPPORT SERVICES. Because this application is “as is,” we may not provide support services for it. If you have any issues or questions about your use of this application, including questions about your company’s privacy policy, please contact your company’s administrator. Do not contact the application store, your network operator, device manufacturer, or Microsoft.

8.   TRADEMARK NOTICES.  Microsoft, Microsoft Intune and Office 365 are registered trademarks of Microsoft Corporation in the United States and/or other countries. macOS is a trademark of Apple, Inc. registered in the United States and other countries.

9.   ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the application and support services.

10. APPLICABLE LAW.

a.   United States. If you acquired the application 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 acquired the application in any other country, the laws of that country apply.

11. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the application. 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.

12. DISCLAIMER OF WARRANTY. The APPLICATION is licensed “as-is.” “WITH ALL FAULTS,” and as available.” You bear the risk of using it. microsoft and wireless carriers over whose network the APPLICATION is distributed, and each of our respective affiliates, and suppliers (“covered parties”) give no express warranties, guarantees or conditions under or in relation to the APPLICATION. the entire risk as to the quality and performance of the APPLICATION is with you. should the APPLICATION be defective, you assume the entire cost of all necessary servicing or repair. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, covered parties exclude the implied warrantieS OF merchantability, fitness for a particular purpose and non-infringement.

FOR AUSTRALIA – You have statutory guarantees under the Australian Consumer Law and nothing in these terms is intended to affect those rights.

13. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, You can recover from Microsoft only direct damages up to ONE U.S. DOLLAR ($1.00). You AGREE NOT TO SEEK TO recover any other damages, including consequential, lost profits, special, indirect or incidental damages FROM ANY COVERED PARTIES.

This limitation applies to

·        anything related to the application, services, content (including code) on third party Internet sites, or third party programs; and

·        claims for breach of contract, warranty, guarantee or condition; consumer protection; deception; unfair competition; strict liability, negligence, misrepresentation, omission, trespass or other tort; violation of statute or regulation; or unjust enrichment; all to the extent permitted by applicable law.

It also applies even if:

·         Repair, replacement or refund for the application does not fully compensate you for any losses; or

·         Covered Parties 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.