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Microsoft Windows8 Digital Download Store

TERMS AND CONDITIONS

Last Updated: 8 October 2012

1. Terms used in this agreement

2. Access to the Microsoft Windows8 Digital Download Store

3. Information about your order

4. Availability and product delivery

5. Price and payment

6. Consumer rights

7. Our refunds policy

8. Our liability

9. Personal data

10. Intellectual property

11. Customs and Export Control

12. Written communications and Inquiries

13. Events outside our control

14. Viruses, Hacking and other Offences

15. Waiver

16. Severability

17. Miscellaneous

18. Law and Jurisdiction

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING

PRODUCTS

Microsoft Windows8 Digital Download Store is operated by arvato distribution GmbH, a limited liability company registered in

Germany, registered office Gottlieb-Daimler-Str. 1, Harsewinkel, Germany and with principal place of business at Benzstrasse

5-7, 33442 Herzebrock-Clarholz, Germany or by arvato digital services llc, registered office 615 South DuPont Highway, DE

19901 Dover, United States of America, with principal place of business at 108 Monticello Road, 28787 Weaverville, North

Carolina. To verify which arvato entity is responsible for the Download Store accessible to you, please refer to Section 3.1 of

these terms and conditions.

The above mentioned arvato entities have been appointed by Microsoft Corp. as authorized reseller of the Microsoft

Windows8 software displayed on the Microsoft Windows8 Digital Download Store.

Please read these terms and conditions (TCs) carefully. Upon acceptance, these TCs would apply to users who access the

Microsoft Windows8 Digital Download Store from the US. You will need to accept these TCs at the end of the checkout page.

Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products

from the Microsoft Windows8 Digital Download Store.

You should print or download a copy of these terms and conditions for future reference.


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1. TERMS USED IN THIS AGREEMENT

In this agreement the following terms shall mean:

"arvato", "we" or"us" means arvato distribution GmbH or arvato digital services llc, as the case may be, its employees,

subcontractors and/or other companies which are appointed by arvato to provide services in relation to the Microsoft

Windows8 Digital Download Store operated by arvato;

Digital License means the digital document provided to you with a digital Product as a proof that you have acquired a

license to use the Software;

"Download Activation Code" means a token that the Windows Upgrade Assistant uses to initiatethe download of theSoftware;

License" means the Microsoft Software License Terms applicable to the Software;

"Personal Data" means any personal data (such as name, address, payment details) entered by you in the purchase

process;

"Product" is any product offered in the Microsoft Windows8 Digital Download Store, which may be provided to you either:

i) in the form of a Digital License and the permission to download the Software via the Windows Upgrade Assistant (digital

Product), ii) as a digital Product and a DVD containing the Software, or iii) a DVD containing the Software that is sent to you

later as a back-up copy of a digital Product already purchased by you;

Software means the Microsoft Windows8 software, subject to any Microsoft terms and conditions applicable to it, that is

available on the Microsoft Windows8 Digital Download Store;

TCs means these terms and conditions governing the Microsoft Windows8 Digital Download Store and any sale

conducted through it;

"Windows Upgrade Assistant" means the Microsoft Windows8 Digital Download application that you are about or have

already downloaded to your computer and that allows you to go through the purchase process for any Microsoft Windows8

Products available on the Microsoft Windows8 Digital Download Store.

2. ACCESS TO THE MICROSOFT WINDOWS8 DIGITAL DOWNLOADSTORE

2.1 The Microsoft Windows8 Digital Download Store is only intended for use by customers buying for their personal use and

not purchasing Products as a business for commercial purposes.

2.2 By ordering Products from the Microsoft Windows8 Digital Download Store, you warrant that:

o 2.2.1 you are not buying the Product for commercial purposes; and

o 2.2.2 you will not modify the Microsoft Windows8 Digital Download Store and/ or the content of the Windows Upgrade

Assistant, and / or affiliated websites, such as the order summary tool or use it for any purpose which is unlawful.

2.3 Access to the Windows Upgrade Assistant and the Microsoft Windows8 Digital Download Store is permitted on a

temporary basis, and we reserve the right to withdraw or amend the Products offered without notice. From time to time, we

may restrict access to the Windows Upgrade Assistant, the Microsoft Windows8 Digital Download Store and/or the order

summary tool. You are responsible for making all technical and organizational arrangements necessary for you to have

access to the Microsoft Windows8 Digital Download Store. We will not be liable to you if for any reason the Microsoft

Windows8 Digital Download Store, the Windows Upgrade Assistant and/or the order summary tool is temporarily

unavailable at any time or for any period.

2.4. Please follow the Windows Upgrade Assistant process. Apart from information such as your name, shipping address and

payment information, you may be asked to enter a promotion code please make sure that you have these details ready

when placing your order. Once you confirm your order by clicking the Buy Now button, your order will be binding on you.


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3. INFORMATION ABOUT YOUR ORDER

3.1 If you are in one of the following countries when placing your order, your purchase of Products from the Microsoft

Windows8 Digital Download Store will be from arvato digital services llc, an independent reseller of Microsoft products:

Anguilla, Argentina, Aruba, Bahamas, Bermuda, Brazil, Canada, Cayman Islands, Chile, Colombia, Costa Rica, Dominica, Dominican Republic,

Ecuador, El Salvador, French Guyana, Grenada, Honduras, Jamaica, Martinique, Mexico, Nicaragua, Panama, Peru, Puerto Rico, St. Kitts andNevis, St. Lucia, Trinidad and Tobago, United States, Uruguay, US Virgin Islands, British Virgin Islands, Venezuela,

For all other countries we ship to, the purchase of Products from the Microsoft Windows8 Digital Download Store will be

from arvato distribution GmbH, an independent reseller of Microsoft products.

3.2 After placing an order, you will see an order confirmation on the screen (Order Confirmation) acknowledging that we

have received your order.

4. AVAILABILITY AND PRODUCT DELIVERY

4.1 We aim to update the Microsoft Windows8 Digital Download Store regularly, and may change the content at any time. If

the need arises, we may suspend access to the Microsoft Windows8 Digital Download Store, or close it indefinitely. Any of

the material on the Microsoft Windows8 Digital Download Store may be out of date at any given time, and we are under no

obligation to update such material.

4.2 Although we endeavor to ensure the availability of the Products shown in the Microsoft Windows8 Digital Download

Store, we cannot guarantee that all of the Products will be in stock or available when you place your order. If we are unable to

process or execute your order, we shall notify you that we are unable to fulfill the order.

4.3 Products sold in the Microsoft Windows8 Digital Download Store are delivered to you by electronic transfer when

initiating the download through the Windows Upgrade Assistant. DVDs will be mailed by post or courier subject to mailing

charges as set out on the checkout information, if you ordered them in addition to your digital Product.

4.4 A download will be available through the Windows Upgrade Assistant directly after your purchase or at a later time (even

if your PC is shut down in between). If you wish to download the Product you purchased any time later you may do so until

October 26, 2015 by accessing the late entry process notified to you when purchasing the Product (please ensure that you

have your Digital License at hand when starting a download not directly after your purchase).You may initiate up to five

downloads to your computer. In case these downloads were not successful or if you are experiencing any other problems

when downloading, please contact customer support at www.mswos.com.

5. PRICE AND PAYMENT

5.1 The price for the Products will be as quoted in the Microsoft Windows8 Digital Download Store from time to time. If you

order a DVD additional shipping and handling fees may apply. No shipping and handling fee applies to delivery of digital

Products.

5.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an

Order Confirmation.

5.3 Please note that the order value displayed at checkout does not reflect any service charges that your bank or your

provider for other payment services may impose from the use of payment methods. Please check in advance with your

issuing bank or provider of payment services to find out which additional charges may apply.

5.4 Withholding taxes: arvatos offer is made to non-commercial customers, not to businesses.
http://www.mswos.com/http://www.mswos.com/


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6. CONSUMER RIGHTS

6.1 You have the right to cancel your order for Products during the period of fourteen (14) working days after the day on which

delivery of Products takes place (the "Cooling Off Period"). If you choose to exercise this right, you will receive a refund of the

price paid for the products in accordance with our refunds policy (set out in Section 7 below). Please read carefully the

provisions below as they will affect your right to cancel your order.

6.2 The Cooling Off Period will start on the day that the Product License has been made available to you.

6.3 To cancel an order within the Cooling Off Period, you must register your cancellation. To do this, please go online to his

order review at www.mswos.com and follow the contact data provided for your country.

6.4 What happens upon cancellation? If you have given us notice to cancel the order within the Cooling Off Period, you must

provide us with the Electronic Letter of Destruction as set forth in Section 7 of these TCs. On receipt of your notice to cancel

the order within the Cooling Off Period we will also immediately deactivate the Software License.

7. OUR REFUNDS POLICY

7.1 When you return a product to us because you have cancelled order within the Cooling Off Period (see Section 6

(Consumer Rights) above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the

day you have given notice of your cancellation. On or before accepting your cancellation of your order for the downloadable

products, we will ask you to sign a letter (an "Electronic Letter of Destruction") to certify that you have deleted any software

Products from your personal computer(s) and the DVD if applicable. Please note that we cannot proceed with your

cancellation until you return the Electronic Letter of Destruction to us.

7.2 If you wish to return a product to us for any other reason (for instance, because you claim that the product is defective),

you must inform us by contacting our helpline. To do this, please go online to the order review at www.mswos.com and follow

the contact data provided for your country. We may ask you to provide photographic proof of damage at your own cost. We

will examine the proof and/or investigate your complaint and will notify you via e-mail whether you are entitled to a refund

within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within

30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective product. Products

returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to

you.

7.3 We will refund any money received from you using the same method originally used by you to pay for your purchase. If

you are paying by credit card, PayPal or another account of a service allowing payments and money transfers to be made

through the Internet for your purchase, please ensure that your account remains open, even if all funds have been used, as

otherwise a refund will not be possible. Please note that charges you incurred by using any payment service provider (such as

your credit card company or PayPal) are not refundable.

8. OUR LIABILITY

8.1 The Windows Upgrade Assistant is provided "as is". Whilst we have taken commercially reasonable care in the

preparation of the content of the Microsoft Windows8 Digital Download Store, we cannot guarantee that it is accurate or

error-free. We will not be responsible for any errors or omissions or for any technical difficulties you may experience with the

Windows Upgrade Assistant. All conditions, warranties and representations, expressed or implied by statute, common law or

otherwise, in relation to the supply, non supply or delay in supplying the services are expressly disclaimed to the extent

permitted by law (including warranties of merchantability, fitness for any particular purpose and non-infringement). This

means we make no promises that:
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o the site will be available at any particular time,

o the site will meet any particular requirements or provide any particular results,

o the site or the information to or from it or stored on it will be secure from unauthorized access,

o information and materials that you store in your account or on the site will remain retrievable and

uncorrupted, or

o the site will be uninterrupted or error-free or will be free of viruses or other harmful components, or that

defects will be corrected.

You agree that use of this site is at your own risk. If you are dissatisfied with this site, or any materials, products or services on

this site, or with any of the sites terms and conditions f use, your sole and exclusive remedy is to discontinue using the s ite and

the services.

8.2 We shall not be liable to any person for any loss, damages or liabilities (including, without limitation, direct, indirect,

special, incidental, consequential, exemplary or punitive damages) which may arise from the use or misuse of the Windows

Upgrade Assistant, the Microsoft Windows8 Digital Download Store or any content, materials, functions or information

provided as part of the Microsoft Windows8 Digital Download Store, including but not limited to loss of revenue, profits,

anticipated savings, wasted expenditure, data or goodwill, even if we knew, should have known or had been advised of the

possibility of such damages.

8.3 arvato disclaims warranties whatsoever as to the Software. For avoidance of doubt, liability for the Software is subject to

the License (as defined below). arvato is not liable for the content or serviceability of the Software and in particular rejects any

liability for any loss or damage caused by the use or misuse of the Software (including but not limited to loss of revenue,

profits, anticipated savings, wasted expenditure, data or goodwill).

8.4 For guidance on product specifications and system requirements required to activate and operate Products please refer to

www.mswos.com. We cannot ascertain whether your computer fulfills the system requirements and we therefore assume no

responsibility or liability for the functionality of your computer system after the Software has been installed.

8.5 Where the Windows Upgrade Assistant or the Microsoft Windows8 Digital Download Store contains links to other sites

and resources provided by third parties, these links are provided for your information only. We do not identify ourselves with

the content of such sites and resources have no control over the contents of those sites or resources, and accept no

responsibility for them or for any loss or damage that may arise from your use of them. Also, arvato is not responsible for any

personal data that may be collected, stored or processed by Microsoft or third parties through such websites. arvato

recommends that you inform yourself about such websites data protection guidelines.

8.6 We will not be responsible for any commercial or business losses (including without limitation loss of goodwill, profits,

anticipated savings, data, or wasted expenditure) or any other indirect or consequential loss that was not reasonably

foreseeable to both you and us at the time of your order, or at the time you began using the Windows Upgrade Assistant. We

shall not be liable to any person for any loss or damage which may arise from the use or misuse of the Windows Upgrade

Assistant or any of the materials on the Microsoft Windows8 Digital Download Store (including without limitation loss of

revenue, profits, anticipated savings, wasted expenditure, data or goodwill).

8.8 Nothing in these TCs shall operate to exclude or restrict our liability for for any matter for which it would be illegal for us to

exclude, or attempt to exclude, our liability.

9. PERSONAL DATA

Personal details provided to arvato through this Microsoft Windows8 Digital Download Store will only be used in accordance

with ourPrivacy Policy as shown in the Microsoft Windows8 Digital Download Store. Please read our Privacy Policy carefully

before entering any personal details on this Microsoft Windows8 Digital Download Store.


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10. INTELLECTUAL PROPERTY

10.1 Products offered in the Microsoft Windows8 Digital Download Store are the intellectual property of Microsoft Corp.

and/or its affiliates. To install any software purchased from the Store you must accept the Microsoft software license terms

bundled with the product (the License). You may not remove any copyright, trademark or intellectual property notices

contained in, or which forms part of, any Product. Any copying, or resale of the Software other than provided in the License is

expressly prohibited and may have severe legal consequences.

10.2 The Microsoft Windows8 Digital Download Store and all logos on the Windows Upgrade Assistant are business names

and marks which are the property of arvato or Microsoft Corp. or third parties.

11. CUSTOMS AND EXPORT CONTROL

Products purchased from the Microsoft Windows8 Digital Download Store may be subject to customs and export control laws

and regulations of the United States and/or other countries. By purchasing or using such Products, you agree to comply with all

applicable federal, state, local or international laws and regulations that apply to such Products.. We will not be liable for any

breach by you of any such laws.

12. WRITTEN COMMUNICATIONS AND INQUIRIES

12.1 Applicable laws may require that some of the information or communications we send to you should be in writing. When

using the Microsoft Windows8 Digital Download Store, you accept that communication with us will be mainly electronic. We

will contact you by e-mail at the e-mail address you provide to us when placing an order. You hereby agree to this electronic

means of communication and you acknowledge that all notices, information and all other communications that we provide to

you electronically comply with any legal requirement that such communications be in writing.

12.2 For inquiries regarding your purchase or customer support regarding the Products please refer to www.mswos.com

where you will find the contact applicable to your country.

13. EVENTS OUTSIDE OUR CONTROL

13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to deliver

Product or any other failure or delay that is caused by events outside our reasonable control (a "Force Majeure Event").

13.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and

includes (without limitation) the following:

o 13.2.1 strikes, lock-outs or other industrial action.

o 13.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or

preparation for war.

o 13.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

o 13.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

o 13.2.5 impossibility of the use of public or private telecommunications networks.

o 13.2.6 the acts, decrees, legislation, regulations or restrictions of any government.


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14. VIRUSES, HACKING AND OTHER OFFENCES

14.1 You must not misuse the Microsoft Windows8 Digital Download Store or the Service by knowingly introducing viruses,

trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain

unauthorized access to the Microsoft Windows8 Digital Download Store or the Service, the server on which the Microsoft

Windows8 Digital Download Store or the Service is stored or any server, computer or database connected to the Microsoft

Windows8 Digital Download Store. You must not attack the Microsoft Windows8 Digital Download Store or the Service via

a denial-of-service attack or a distributed denial-of-service attack.

14.2 If you breach this provision, we may report any such breach to the relevant law enforcement authorities and we will co-

operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Microsoft

Windows8 Digital Download Store and our Service will cease immediately.

14.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other

technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary

material due to your use of the Microsoft Windows8 Digital Download Store and our Service or to your downloading of any

material posted on it, or on any website linked to it.

15. WAIVER

15.1 If we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights

or remedies and shall not relieve you from compliance with such obligations.

15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

15.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is

communicated to you in writing in accordance with Section 12 (Notices) above.

16. SEVERABILITY

If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid,

unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining

terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

17. MISCELLANEOUS

17.1 We have the right to revise and amend these terms and conditions from time to time by amending this page. You are

expected to check this page from time to time to take notice of any changes we make, as they are binding on you.

17.2 You will be subject to the TCs in force at the time that you order Products from us, unless any change to those TCs is

required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).


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18. LAW AND JURISDICTION

Any claims arising out of the use of the Microsoft Windows8 Digital Download Store or arising out of or relating to your

agreement for the purchase of Products placed through the arvato Microsoft Windows8 Digital Download Store will be

governed

In the case that arvato distribution GmbH is the seller, by German law excluding the United Nations Convention on Contracts for

the International Sale of Goods (CISG). The German courts shall have exclusive jurisdiction.

In the case that arvato digital services llc is the seller, by the laws of the State of New York, provided that claims under

applicable state laws, including but not limited to consumer protection laws, shall be governed by the law of the state where you

live.

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