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HALO: THE MASTER CHIEF COLLECTION
END USER LICENSE AGREEMENT
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.
In order to protect Halo: The Master Chief Collection (our "Game") and the members of our
community, this end user license agreement (“EULA”) sets forth license terms, including
your rights and restrictions, for downloading and using our Game. This license is a legal
agreement between you and us (Microsoft Corporation “Microsoft”) If you do not comply
with these terms, we may stop you from using our Game, and if we think it is necessary, we
might even have to ask our lawyers to get involved.
If you buy, download, use or play our Game, you are agreeing to our EULA terms. If you
don't want to, or can't agree to these terms, then you must not buy, download, use or play
our Game. This EULA incorporates the terms of use for the microsoft.com website
("Microsoft Terms of Use"), our Code of Conduct, Trademark & Brand Guidelines, and, our
Microsoft Privacy Statement. By agreeing to this EULA you also agree to all of the terms of
the foregoing documents, so please read through them carefully.
REQUIREMENTS
You may only use or play our Game with your valid Xbox Live account.
ONE MAJOR RULE
The one major rule is that you must not distribute the Game or anything we've made unless
we specifically agree to it. “Distribute anything we've made" means:
• Give copies of our Game to anyone else;
• Make commercial use of anything we've made;
• Try to make money from anything we've made; or
• Let other people get access to anything we've made in a way that is unfair or
unreasonable.
Commercial use means to sell, license, lease, make available, or transfer for profit-making
or income-generating purposes.
Unless we specifically agree to it, and so that we are crystal clear, "the Game" or "what we
have made" includes, but is not limited to, the client or the server software for our Game
and includes Halo: The Master Chief Collection on all platforms. It also includes updates,
patches, downloadable content, add-ons, or modified versions of a Game, part of those
things, or anything else we've made.
Otherwise we are quite relaxed about what you do - in fact we really encourage you to do
cool stuff - just be sure to follow the terms laid out in this EULA.
USING OUR GAME
You have been granted a license to the Game so you can play and use it, yourself, on your
devices.
Below, we also give you limited rights to do other things, but we must draw a line
somewhere as we do not want people to go too far. If you wish to make something
pertaining to anything we've made, we're humbled, but please make sure that it can't be
interpreted as being official, and that it complies with this EULA, and the Trademark &
Brand usage guidelines referenced above. Above all, do not make commercial use of
anything we've made.
The license and permission we grant you to use and play our Game can be revoked if you
break any of the terms of this EULA.
When you buy our Game, you receive a license that gives you permission to install the
Game on your own personal device. You can use and play it on that device as set out in this
EULA. This permission is personal to you, so you are not allowed to distribute the Game, or
any part of it, to anyone else. This also means you cannot sell or rent the Game or make it
available for access to other people. Additionally, you cannot pass on nor resell any license
keys. This is important to help us protect our Game from piracy and fraud. It is also
important to prevent members of our community from buying pirated versions of our Game
or fraudulent license keys, which we may cancel in the case of fraud, for example.
If you bought the Game, you may play around with and modify it by adding modifications,
tools, or plugins, which we will refer to collectively as "Mods." By "Mods," we mean
something original that you or someone else created that doesn't contain a substantial part
of our copyrightable code or content. When you combine your Mod with the Halo: The
Master Chief Collection software, we will call that combination a "Modded Version" of the
Game. We have the final say on what constitutes a Mod and what doesn't. You may not
distribute any Modded Versions of our Game or software, and you are not allowed to use
Mods for griefing. Basically, Mods are okay to distribute; hacked versions or Modded
Versions of the Game client or server software are not okay to distribute.
Within reason, you're free to do whatever you want with screenshots and videos of the
Game. By "within reason" we mean that you can't make any commercial use of them nor do
things that are unfair or adversely affect our rights, unless we've specifically said it's okay in
this EULA, allowed it through the Trademark & Brand Guidelines, or provided for it in a
specific agreement with you. If you upload videos of the game to video sharing and
streaming sites you are, however, allowed to put ads on them. Also, don't just rip art
resources and pass them around, that's no fun.
Essentially, the simple rule is do not make commercial use of anything we've made unless
we've specifically said it's okay. Oh, and if the law expressly allows it, such as under a "fair
use" or fair dealing" doctrine then that's okay too - but only to the extent that the law
applicable to you says so.
In order to ensure the integrity of the Game, we need all Game downloads and updates to
come from an authorized source. It's also important for us that 3rd party tools/services don't
seem "official" as we can't guarantee their quality. It's part of the responsibility we have to
the customers of our Game. Make sure that you read through our brand and asset usage
guidelines too.
COMPETING SERVICE
In addition, you are not permitted to use our Game to stand up a competing service, for
instance you should not:
• Code Use: use the code contained within the Game(s) or any part of it in another
program or application outside of the MCC environment;
• Cloud Computing: Use the Platform, including a Game, in connection with any
unauthorized third-party “cloud computing” services, “cloud gaming” services, or any
software or service designed to enable the unauthorized streaming or transmission
of Game content from a third-party server to any device;
• Matchmaking: Host, provide or develop matchmaking services for the Game(s), or
intercept, emulate or redirect the communication protocols used by our Game in any
way, for any purpose, including without limitation unauthorized play over the internet,
network play, or as part of content aggregation networks; or
• Unauthorized Connections: Facilitate, create or maintain any unauthorized
connection to the Platform including without limitation (i) any connection to any
unauthorized server that emulates, or attempts to emulate, the Platform; and (ii) any
connection using third-party programs or tools not expressly authorized by 343
Industries.
DATA
This software may interact with other Microsoft products that collect data that is transmitted
to Microsoft. To learn more about how Microsoft processes personal data we collect, please
see the Microsoft Privacy Statement.
OWNERSHIP OF OUR GAME AND OTHER THINGS
Although we give you permission to install on your device and play our Game through the
license, we are still the owners of it. We are also the owners of our brands and any content
contained in the Game. Therefore, when you pay for our Game, you are buying a license to
play / use our Game in accordance with this EULA - you are not buying the Game itself. The
only permissions you have in connection with the Game and your installation of it are the
permissions set out in this EULA.
Any Mods you create for the Game from scratch belong to you (including pre-run Mods and
in-memory Mods) and you can do whatever you want with them, however, you may not use
them for commercial purposes (commercial use as defined above), and so long as you don’t
distribute Modded Versions of the Game. Remember that a Mod means something that is
your original work and that does not contain a substantial part of our code or content. You
only own what you created; you do not own our code or content.
CONTENT
If you make any content available on or through our Game, you agree to give us permission
to use, copy, modify, adapt, distribute, and publicly display that content. This permission is
irrevocable, and you also agree to let us permit other people to use, copy, modify, adapt,
distribute, and publicly display your content. You are not giving up your ownership rights in
your content, you are just giving us and other users permission to use it. For example, we
may need to copy, reformat, and distribute content that you post on our website so others
can read it. If you don't want to give us these permissions, do not make content available on
or through our Game. Please think carefully before you make any content available,
because it may be made public and might even be used by other people in a way you don't
like.
If you are going to make something available on or through our Game, it must not be
offensive to people, nor illegal. It must be honest, and it must be your own creation. Some
examples of the types of things you must not make available using our Game include: posts
that include racist or homophobic language; posts that are bullying or trolling; posts that are
offensive or that damage our or another person's reputation; posts that include porn or
someone else's creation or image; or posts that impersonate a moderator, or try to trick or
exploit people. For more information, see Content Guidelines below.
Any content you make available on our Game must also be your creation or you must have
permission or the legal right to do it. You must not, and you agree that you will not make
any content available, using the Game, that infringes the rights of others.
We reserve the right to take down any content in our discretion.
CONTENT GUIDELINES
Halo: The Master Chief Collection and its services let you create and share content with a
wide and diverse audience. We want the Game’s ecosystem to be welcoming for everyone,
so certain content cannot be shared or transmitted through our services.
Sexual or Graphic Violent Content
Sexual or overly violent content will not be accepted.
Illegal or Dangerous Content
We don’t allow content involving or promoting illegal activities, including gambling, drugs,
animal cruelty, fraud, hacking, and piracy.
Infringing or Unauthorized Content
Don’t share or use content you didn’t create or have permission from the owner to use.
Intolerant or Discriminatory Content
The Game’s ecosystem welcomes diversity in race, ethnicity, color, religion, gender identity,
sexual orientation, ability, and national origin. We do not tolerate discriminatory content
based on any of these characteristics, including individuals with disabilities.
Please be cautious of who you are talking to in our Game. It is hard for either you or
us to know for sure that what people say is true, or even if people are really who they
say they are. Think twice before giving out information about yourself.
UPDATES
We might make upgrades, updates, or patches (we call them all "updates") available from
time to time, but we don't have to. We are also not obliged to provide ongoing support or
maintenance of any Game. Of course, we hope to continue to release new updates for our
Game, we just can't guarantee that we will do so. With updates come changes that might
not work well with other software, such as Mods. This is unfortunate, but it is something we
don’t take responsibility for. If that is the case, try running an older version.
BINDING ARBITRATION AND CLASS ACTION WAIVER
This Section applies if you live in (or, if a business, your principal place of business is in) the
United States. If you and Microsoft have a dispute, you and Microsoft agree to try for 60
days to resolve it informally. If you and Microsoft can’t, you and Microsoft agree to binding
individual arbitration before the American Arbitration Association under the Federal
Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral
arbitrator will decide. Class action lawsuits, class-wide arbitrations, private attorney-general
actions, and any other proceeding where someone acts in a representative capacity are not
allowed; nor is combining individual proceedings without the consent of all parties. The
complete Arbitration Agreement contains more terms and is at https://aka.ms/arbagreement-4. You and Microsoft agree to these terms.
OUR LIABILITY, GOVERNING LAW, AND PLACE TO
RESOLVE DISPUTES
The terms of this EULA do not affect any legal (statutory) rights that you may have under
the law that applies to you for the Game. You might have certain rights which the law that
applies to you says cannot be excluded. Nothing we say in these terms will affect those
legal rights, even if we say something which sounds like it contradicts your legal rights.
That’s what we mean when we say, “subject to applicable law”.
SUBJECT TO APPLICABLE LAW, when you get a copy of our Game, we provide it "'as
is"'. Updates are also provided "'as is"'. This means that we are not making any promises,
warranties, guarantees, or conditions to you about the standard or quality of our Game or
related Updates, or that our Game will be uninterrupted or error free. We are not
responsible for any loss or damage that it may cause. You bear the entire risk of using the
Game or Updates as to its quality and performance. You must accept that we may release
games well before they are complete and so they may (and often will) have bugs, but we
prefer to release these features earlier than to make you wait for perfection. If you would
like to notify us about a potential bug, we have a site for that here
http://www.halowaypoint.com/.
If you and/or we ever have a dispute in court (and we hope that won't happen just as
much as you do), the exclusive forum (that is, the place it will be handled) will be a
state or federal court in King County, WA (if you live in the United States) or a court
in Ontario (if you live in Canada). (If you live in the United States, most disputes go to
arbitration, not court.) The laws of the state or province where you live govern this
EULA and all disputes, including disputes relating to it, our Game, or our Website,
regardless of conflict of laws principles, except that the Federal Arbitration Act
governs everything related to arbitration.
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 Game. 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 Game 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 Game 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 Game will resume checking
for and installing updates), or uninstalling the Game. The product documentation, if
any, may also specify how to turn off updates for your specific device or Game.
c) Germany and Austria.
i. Warranty. The properly licensed Game will perform substantially as described in
any Microsoft materials that accompany the Game. However, Microsoft gives no
contractual guarantee in relation to the licensed Game.
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.
DISCLAIMER OF WARRANTY. THE GAME 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 NONINFRINGEMENT.
LIMITATION ON AND EXCLUSION OF DAMAGES. IF YOU HAVE ANY BASIS FOR
RECOVERING DAMAGES DESPITE THE PRECEDING DISCLAIMER OF WARRANTY,
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 (a) anything related to the Game, 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.
TERMINATION
If we want, we can terminate this EULA at any time if you breach any of the terms. You can
terminate it too, at any time; all you must do is uninstall the Game from your device and the
EULA will be terminated. If the EULA is terminated, you will no longer have any of the rights
to the Game given in this license. You do still have the right to things you have created
yourself with the game, of course. The Arbitration Agreement (if you live in the United
States) and the paragraphs about "Ownership of Our Game and Other Things", "Our
Liability, Governing Law, and Place to Resolve Disputes", “Termination”, and "General" will
continue to apply even after the EULA is terminated.
GENERAL
We may change this EULA from time to time, if we have reason to, such as changes to our
games, our practices, or our legal obligation. Those changes will be effective only to the
extent that they can legally apply. For example, if you use the Game only in single-player
mode and don't use the updates we make available then the old EULA applies, but if you do
use the updates or use parts of the game that rely on our providing ongoing online services,
then the new EULA will apply. We'll inform you of any change to the EULA before it takes
effect, either by posting a notice on our Website or by other reasonable means. We're not
going to be unfair about it, although we must acknowledge that if the law changes or if
someone does something that affects other users of the Game, then we will exercise our
rights to stop such action and/or terminate this EULA.
Suggestions are voluntary. If you come to us with a suggestion for any one of our Websites
or Games, that suggestion is made for free and we have no obligation to accept or consider
it. This means we can use your suggestion in any way we want and for any purpose, and
we don't have to pay you for it.
MICROSOFT SOFTWARE LICENSE TERMS
MOD TOOLS FOR HALO: THE MASTER CHIEF COLLECTION GAMES
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 to use solely with:
• Halo: Combat Evolved Anniversary
• Halo 2: Anniversary
• Halo 3
• Halo 3: ODST
• Halo: Reach
• Halo 4
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.
c) Microsoft Services Agreement. Some features of the software provide access to, or rely on, online
services. The use of those services (but not the software) is governed by the separate terms and
privacy policies in the Microsoft Services Agreement at
https://go.microsoft.com/fwlink/?linkid=398923. Please read them. The services may not be available
in all regions.
2. DATA. This software may interact with other Microsoft products that collect data that is transmitted to
Microsoft. To learn more about how Microsoft processes personal data we collect, please see the Microsoft
Privacy Statement at https://go.microsoft.com/fwlink/?LinkId=248681.
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 for commercial, non-profit, or revenue-generating activities;
e) use the software in any way that is against the law or to create or propagate malware; or
f) 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.
7. BINDING ARBITRATION AND CLASS ACTION WAIVER. This Section applies if you live in (or, if
a business, your principal place of business is in) the United States. If you and Microsoft have a
dispute, you and Microsoft agree to try for 60 days to resolve it informally. If you and Microsoft can’t, you
and Microsoft agree to binding individual arbitration before the American Arbitration
Association under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or
jury. Instead, a neutral arbitrator will decide. Class action lawsuits, class-wide arbitrations, private
attorney-general actions, and any other proceeding where someone acts in a representative
capacity are not allowed; nor is combining individual proceedings without the consent of all
parties. The complete Arbitration Agreement contains more terms and is at https://aka.ms/arbagreement-4. You and Microsoft agree to these terms.
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.
12. LIMITATION ON AND EXCLUSION OF DAMAGES. IF YOU HAVE ANY BASIS FOR RECOVERING
DAMAGES DESPITE THE PRECEDING DISCLAIMER OF WARRANTY, 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 (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.
Please note: As this software is distributed in Canada, some of the clauses in this agreement are
provided below in French.
Remarque: Ce logiciel étant distribué au Canada, certaines des clauses dans ce contrat sont
fournies ci-dessous en français.
EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel ». Toute
utilisation de ce logiciel est à votre seule risque et péril. Microsoft n’accorde aucune autre
garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la
protection des consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le
droit locale, les garanties implicites de qualité marchande, d’adéquation à un usage particulier et
d’absence de contrefaçon sont exclues.
LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES
DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de
dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune
indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou
accessoires et pertes de bénéfices.
Cette limitation concerne:
• tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur
des sites Internet tiers ou dans des programmes tiers; et
• les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité
stricte, de négligence ou d’une autre faute dans la limite autorisée par la loi en vigueur.
Elle s’applique également, même si Microsoft connaissait ou devrait connaître l’éventualité d’un
tel dommage. Si votre pays n’autorise pas l’exclusion ou la limitation de responsabilité pour les
dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou
l’exclusion ci-dessus ne s’appliquera pas à votre égard.
EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir
d’autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que
vous confèrent les lois de votre pays si celles-ci ne le permettent pas.
END USER LICENSE AGREEMENT
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.
In order to protect Halo: The Master Chief Collection (our "Game") and the members of our
community, this end user license agreement (“EULA”) sets forth license terms, including
your rights and restrictions, for downloading and using our Game. This license is a legal
agreement between you and us (Microsoft Corporation “Microsoft”) If you do not comply
with these terms, we may stop you from using our Game, and if we think it is necessary, we
might even have to ask our lawyers to get involved.
If you buy, download, use or play our Game, you are agreeing to our EULA terms. If you
don't want to, or can't agree to these terms, then you must not buy, download, use or play
our Game. This EULA incorporates the terms of use for the microsoft.com website
("Microsoft Terms of Use"), our Code of Conduct, Trademark & Brand Guidelines, and, our
Microsoft Privacy Statement. By agreeing to this EULA you also agree to all of the terms of
the foregoing documents, so please read through them carefully.
REQUIREMENTS
You may only use or play our Game with your valid Xbox Live account.
ONE MAJOR RULE
The one major rule is that you must not distribute the Game or anything we've made unless
we specifically agree to it. “Distribute anything we've made" means:
• Give copies of our Game to anyone else;
• Make commercial use of anything we've made;
• Try to make money from anything we've made; or
• Let other people get access to anything we've made in a way that is unfair or
unreasonable.
Commercial use means to sell, license, lease, make available, or transfer for profit-making
or income-generating purposes.
Unless we specifically agree to it, and so that we are crystal clear, "the Game" or "what we
have made" includes, but is not limited to, the client or the server software for our Game
and includes Halo: The Master Chief Collection on all platforms. It also includes updates,
patches, downloadable content, add-ons, or modified versions of a Game, part of those
things, or anything else we've made.
Otherwise we are quite relaxed about what you do - in fact we really encourage you to do
cool stuff - just be sure to follow the terms laid out in this EULA.
USING OUR GAME
You have been granted a license to the Game so you can play and use it, yourself, on your
devices.
Below, we also give you limited rights to do other things, but we must draw a line
somewhere as we do not want people to go too far. If you wish to make something
pertaining to anything we've made, we're humbled, but please make sure that it can't be
interpreted as being official, and that it complies with this EULA, and the Trademark &
Brand usage guidelines referenced above. Above all, do not make commercial use of
anything we've made.
The license and permission we grant you to use and play our Game can be revoked if you
break any of the terms of this EULA.
When you buy our Game, you receive a license that gives you permission to install the
Game on your own personal device. You can use and play it on that device as set out in this
EULA. This permission is personal to you, so you are not allowed to distribute the Game, or
any part of it, to anyone else. This also means you cannot sell or rent the Game or make it
available for access to other people. Additionally, you cannot pass on nor resell any license
keys. This is important to help us protect our Game from piracy and fraud. It is also
important to prevent members of our community from buying pirated versions of our Game
or fraudulent license keys, which we may cancel in the case of fraud, for example.
If you bought the Game, you may play around with and modify it by adding modifications,
tools, or plugins, which we will refer to collectively as "Mods." By "Mods," we mean
something original that you or someone else created that doesn't contain a substantial part
of our copyrightable code or content. When you combine your Mod with the Halo: The
Master Chief Collection software, we will call that combination a "Modded Version" of the
Game. We have the final say on what constitutes a Mod and what doesn't. You may not
distribute any Modded Versions of our Game or software, and you are not allowed to use
Mods for griefing. Basically, Mods are okay to distribute; hacked versions or Modded
Versions of the Game client or server software are not okay to distribute.
Within reason, you're free to do whatever you want with screenshots and videos of the
Game. By "within reason" we mean that you can't make any commercial use of them nor do
things that are unfair or adversely affect our rights, unless we've specifically said it's okay in
this EULA, allowed it through the Trademark & Brand Guidelines, or provided for it in a
specific agreement with you. If you upload videos of the game to video sharing and
streaming sites you are, however, allowed to put ads on them. Also, don't just rip art
resources and pass them around, that's no fun.
Essentially, the simple rule is do not make commercial use of anything we've made unless
we've specifically said it's okay. Oh, and if the law expressly allows it, such as under a "fair
use" or fair dealing" doctrine then that's okay too - but only to the extent that the law
applicable to you says so.
In order to ensure the integrity of the Game, we need all Game downloads and updates to
come from an authorized source. It's also important for us that 3rd party tools/services don't
seem "official" as we can't guarantee their quality. It's part of the responsibility we have to
the customers of our Game. Make sure that you read through our brand and asset usage
guidelines too.
COMPETING SERVICE
In addition, you are not permitted to use our Game to stand up a competing service, for
instance you should not:
• Code Use: use the code contained within the Game(s) or any part of it in another
program or application outside of the MCC environment;
• Cloud Computing: Use the Platform, including a Game, in connection with any
unauthorized third-party “cloud computing” services, “cloud gaming” services, or any
software or service designed to enable the unauthorized streaming or transmission
of Game content from a third-party server to any device;
• Matchmaking: Host, provide or develop matchmaking services for the Game(s), or
intercept, emulate or redirect the communication protocols used by our Game in any
way, for any purpose, including without limitation unauthorized play over the internet,
network play, or as part of content aggregation networks; or
• Unauthorized Connections: Facilitate, create or maintain any unauthorized
connection to the Platform including without limitation (i) any connection to any
unauthorized server that emulates, or attempts to emulate, the Platform; and (ii) any
connection using third-party programs or tools not expressly authorized by 343
Industries.
DATA
This software may interact with other Microsoft products that collect data that is transmitted
to Microsoft. To learn more about how Microsoft processes personal data we collect, please
see the Microsoft Privacy Statement.
OWNERSHIP OF OUR GAME AND OTHER THINGS
Although we give you permission to install on your device and play our Game through the
license, we are still the owners of it. We are also the owners of our brands and any content
contained in the Game. Therefore, when you pay for our Game, you are buying a license to
play / use our Game in accordance with this EULA - you are not buying the Game itself. The
only permissions you have in connection with the Game and your installation of it are the
permissions set out in this EULA.
Any Mods you create for the Game from scratch belong to you (including pre-run Mods and
in-memory Mods) and you can do whatever you want with them, however, you may not use
them for commercial purposes (commercial use as defined above), and so long as you don’t
distribute Modded Versions of the Game. Remember that a Mod means something that is
your original work and that does not contain a substantial part of our code or content. You
only own what you created; you do not own our code or content.
CONTENT
If you make any content available on or through our Game, you agree to give us permission
to use, copy, modify, adapt, distribute, and publicly display that content. This permission is
irrevocable, and you also agree to let us permit other people to use, copy, modify, adapt,
distribute, and publicly display your content. You are not giving up your ownership rights in
your content, you are just giving us and other users permission to use it. For example, we
may need to copy, reformat, and distribute content that you post on our website so others
can read it. If you don't want to give us these permissions, do not make content available on
or through our Game. Please think carefully before you make any content available,
because it may be made public and might even be used by other people in a way you don't
like.
If you are going to make something available on or through our Game, it must not be
offensive to people, nor illegal. It must be honest, and it must be your own creation. Some
examples of the types of things you must not make available using our Game include: posts
that include racist or homophobic language; posts that are bullying or trolling; posts that are
offensive or that damage our or another person's reputation; posts that include porn or
someone else's creation or image; or posts that impersonate a moderator, or try to trick or
exploit people. For more information, see Content Guidelines below.
Any content you make available on our Game must also be your creation or you must have
permission or the legal right to do it. You must not, and you agree that you will not make
any content available, using the Game, that infringes the rights of others.
We reserve the right to take down any content in our discretion.
CONTENT GUIDELINES
Halo: The Master Chief Collection and its services let you create and share content with a
wide and diverse audience. We want the Game’s ecosystem to be welcoming for everyone,
so certain content cannot be shared or transmitted through our services.
Sexual or Graphic Violent Content
Sexual or overly violent content will not be accepted.
Illegal or Dangerous Content
We don’t allow content involving or promoting illegal activities, including gambling, drugs,
animal cruelty, fraud, hacking, and piracy.
Infringing or Unauthorized Content
Don’t share or use content you didn’t create or have permission from the owner to use.
Intolerant or Discriminatory Content
The Game’s ecosystem welcomes diversity in race, ethnicity, color, religion, gender identity,
sexual orientation, ability, and national origin. We do not tolerate discriminatory content
based on any of these characteristics, including individuals with disabilities.
Please be cautious of who you are talking to in our Game. It is hard for either you or
us to know for sure that what people say is true, or even if people are really who they
say they are. Think twice before giving out information about yourself.
UPDATES
We might make upgrades, updates, or patches (we call them all "updates") available from
time to time, but we don't have to. We are also not obliged to provide ongoing support or
maintenance of any Game. Of course, we hope to continue to release new updates for our
Game, we just can't guarantee that we will do so. With updates come changes that might
not work well with other software, such as Mods. This is unfortunate, but it is something we
don’t take responsibility for. If that is the case, try running an older version.
BINDING ARBITRATION AND CLASS ACTION WAIVER
This Section applies if you live in (or, if a business, your principal place of business is in) the
United States. If you and Microsoft have a dispute, you and Microsoft agree to try for 60
days to resolve it informally. If you and Microsoft can’t, you and Microsoft agree to binding
individual arbitration before the American Arbitration Association under the Federal
Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral
arbitrator will decide. Class action lawsuits, class-wide arbitrations, private attorney-general
actions, and any other proceeding where someone acts in a representative capacity are not
allowed; nor is combining individual proceedings without the consent of all parties. The
complete Arbitration Agreement contains more terms and is at https://aka.ms/arbagreement-4. You and Microsoft agree to these terms.
OUR LIABILITY, GOVERNING LAW, AND PLACE TO
RESOLVE DISPUTES
The terms of this EULA do not affect any legal (statutory) rights that you may have under
the law that applies to you for the Game. You might have certain rights which the law that
applies to you says cannot be excluded. Nothing we say in these terms will affect those
legal rights, even if we say something which sounds like it contradicts your legal rights.
That’s what we mean when we say, “subject to applicable law”.
SUBJECT TO APPLICABLE LAW, when you get a copy of our Game, we provide it "'as
is"'. Updates are also provided "'as is"'. This means that we are not making any promises,
warranties, guarantees, or conditions to you about the standard or quality of our Game or
related Updates, or that our Game will be uninterrupted or error free. We are not
responsible for any loss or damage that it may cause. You bear the entire risk of using the
Game or Updates as to its quality and performance. You must accept that we may release
games well before they are complete and so they may (and often will) have bugs, but we
prefer to release these features earlier than to make you wait for perfection. If you would
like to notify us about a potential bug, we have a site for that here
http://www.halowaypoint.com/.
If you and/or we ever have a dispute in court (and we hope that won't happen just as
much as you do), the exclusive forum (that is, the place it will be handled) will be a
state or federal court in King County, WA (if you live in the United States) or a court
in Ontario (if you live in Canada). (If you live in the United States, most disputes go to
arbitration, not court.) The laws of the state or province where you live govern this
EULA and all disputes, including disputes relating to it, our Game, or our Website,
regardless of conflict of laws principles, except that the Federal Arbitration Act
governs everything related to arbitration.
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 Game. 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 Game 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 Game 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 Game will resume checking
for and installing updates), or uninstalling the Game. The product documentation, if
any, may also specify how to turn off updates for your specific device or Game.
c) Germany and Austria.
i. Warranty. The properly licensed Game will perform substantially as described in
any Microsoft materials that accompany the Game. However, Microsoft gives no
contractual guarantee in relation to the licensed Game.
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.
DISCLAIMER OF WARRANTY. THE GAME 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 NONINFRINGEMENT.
LIMITATION ON AND EXCLUSION OF DAMAGES. IF YOU HAVE ANY BASIS FOR
RECOVERING DAMAGES DESPITE THE PRECEDING DISCLAIMER OF WARRANTY,
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 (a) anything related to the Game, 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.
TERMINATION
If we want, we can terminate this EULA at any time if you breach any of the terms. You can
terminate it too, at any time; all you must do is uninstall the Game from your device and the
EULA will be terminated. If the EULA is terminated, you will no longer have any of the rights
to the Game given in this license. You do still have the right to things you have created
yourself with the game, of course. The Arbitration Agreement (if you live in the United
States) and the paragraphs about "Ownership of Our Game and Other Things", "Our
Liability, Governing Law, and Place to Resolve Disputes", “Termination”, and "General" will
continue to apply even after the EULA is terminated.
GENERAL
We may change this EULA from time to time, if we have reason to, such as changes to our
games, our practices, or our legal obligation. Those changes will be effective only to the
extent that they can legally apply. For example, if you use the Game only in single-player
mode and don't use the updates we make available then the old EULA applies, but if you do
use the updates or use parts of the game that rely on our providing ongoing online services,
then the new EULA will apply. We'll inform you of any change to the EULA before it takes
effect, either by posting a notice on our Website or by other reasonable means. We're not
going to be unfair about it, although we must acknowledge that if the law changes or if
someone does something that affects other users of the Game, then we will exercise our
rights to stop such action and/or terminate this EULA.
Suggestions are voluntary. If you come to us with a suggestion for any one of our Websites
or Games, that suggestion is made for free and we have no obligation to accept or consider
it. This means we can use your suggestion in any way we want and for any purpose, and
we don't have to pay you for it.
MICROSOFT SOFTWARE LICENSE TERMS
MOD TOOLS FOR HALO: THE MASTER CHIEF COLLECTION GAMES
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 to use solely with:
• Halo: Combat Evolved Anniversary
• Halo 2: Anniversary
• Halo 3
• Halo 3: ODST
• Halo: Reach
• Halo 4
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.
c) Microsoft Services Agreement. Some features of the software provide access to, or rely on, online
services. The use of those services (but not the software) is governed by the separate terms and
privacy policies in the Microsoft Services Agreement at
https://go.microsoft.com/fwlink/?linkid=398923. Please read them. The services may not be available
in all regions.
2. DATA. This software may interact with other Microsoft products that collect data that is transmitted to
Microsoft. To learn more about how Microsoft processes personal data we collect, please see the Microsoft
Privacy Statement at https://go.microsoft.com/fwlink/?LinkId=248681.
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 for commercial, non-profit, or revenue-generating activities;
e) use the software in any way that is against the law or to create or propagate malware; or
f) 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.
7. BINDING ARBITRATION AND CLASS ACTION WAIVER. This Section applies if you live in (or, if
a business, your principal place of business is in) the United States. If you and Microsoft have a
dispute, you and Microsoft agree to try for 60 days to resolve it informally. If you and Microsoft can’t, you
and Microsoft agree to binding individual arbitration before the American Arbitration
Association under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or
jury. Instead, a neutral arbitrator will decide. Class action lawsuits, class-wide arbitrations, private
attorney-general actions, and any other proceeding where someone acts in a representative
capacity are not allowed; nor is combining individual proceedings without the consent of all
parties. The complete Arbitration Agreement contains more terms and is at https://aka.ms/arbagreement-4. You and Microsoft agree to these terms.
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.
12. LIMITATION ON AND EXCLUSION OF DAMAGES. IF YOU HAVE ANY BASIS FOR RECOVERING
DAMAGES DESPITE THE PRECEDING DISCLAIMER OF WARRANTY, 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 (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.
Please note: As this software is distributed in Canada, some of the clauses in this agreement are
provided below in French.
Remarque: Ce logiciel étant distribué au Canada, certaines des clauses dans ce contrat sont
fournies ci-dessous en français.
EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel ». Toute
utilisation de ce logiciel est à votre seule risque et péril. Microsoft n’accorde aucune autre
garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la
protection des consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le
droit locale, les garanties implicites de qualité marchande, d’adéquation à un usage particulier et
d’absence de contrefaçon sont exclues.
LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES
DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de
dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune
indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou
accessoires et pertes de bénéfices.
Cette limitation concerne:
• tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur
des sites Internet tiers ou dans des programmes tiers; et
• les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité
stricte, de négligence ou d’une autre faute dans la limite autorisée par la loi en vigueur.
Elle s’applique également, même si Microsoft connaissait ou devrait connaître l’éventualité d’un
tel dommage. Si votre pays n’autorise pas l’exclusion ou la limitation de responsabilité pour les
dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou
l’exclusion ci-dessus ne s’appliquera pas à votre égard.
EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir
d’autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que
vous confèrent les lois de votre pays si celles-ci ne le permettent pas.