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7. Support and Refund Procedures.
For the software generally, contact the device manufacturer or installer
for support options. Refer to the support number provided with the software. For updates and supplements
obtained directly from Microsoft, Microsoft may provide limited support services for properly licensed software as
described at (aka.ms/mssupport). If you are seeking a refund, contact the manufacturer or installer to determine
its refund policies. You must comply with those policies, which might require you to return the software with the
entire device on which the software is installed for a refund.
8. Binding Arbitration and Class Action Waiver if You Live in (or if a Business Your Principal Place of
Business is in) the United States.
We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. If
we can’t, you and we agree to
binding individual arbitration before the American Arbitration Association
(“AAA”) 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 and the arbitrator’s decision will be final except for a limited right of appeal
under the FAA.
Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any
other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining
individual proceedings without the consent of all parties.
“We,” “our,” and “us” includes Microsoft, the device
manufacturer, and software installer.
a. Disputes covered—everything except IP.
The term “dispute” is as broad as it can be. It includes any
claim or controversy between you and the manufacturer or installer, or you and Microsoft, concerning the
software, its price, or this agreement, under any legal theory including contract, warranty, tort, statute, or
regulation,
except disputes relating to the enforcement or validity of your, your licensors’, our, or
our licensors’ intellectual property rights.
b. Mail a Notice of Dispute first.
If you have a dispute and our customer service representatives
can’t resolve it, send a Notice of Dispute by U.S. Mail to the manufacturer or installer, ATTN:
LEGAL DEPARTMENT. If your dispute is with Microsoft, mail it to Microsoft Corporation, ATTN: LCA
ARBITRATION, One Microsoft Way, Redmond, WA 98052-6399. Tell us your name, address, how to
contact you, what the problem is, and what you want. A form is available at (aka.ms/disputeform). We’ll do
the same if we have a dispute with you. After 60 days, you or we may start an arbitration if the dispute is
unresolved.
c. Small claims court option.
Instead of mailing a Notice of Dispute, and if you meet the court’s
requirements, you may sue us in small claims court in your county of residence (or if a business your
principal place of business) or our principal place of business–King County, Washington USA if your
dispute is with Microsoft. We hope you’ll mail a Notice of Dispute and give us 60 days to try to work it out,
but you don’t have to before going to small claims court.
d. Arbitration procedure.
The AAA will conduct any arbitration under its Commercial Arbitration Rules (or
if you are an individual and use the software for personal or household use, or if the value of the dispute
is $75,000 USD or less whether or not you are an individual or how you use the software, its Consumer
Arbitration Rules). For more information, see (aka.ms/adr) or call 1-800-778-7879. To start an arbitration,
submit the form available at (aka.ms/arbitration) to the AAA; mail a copy to the manufacturer or installer (or
to Microsoft if your dispute is with Microsoft). In a dispute involving $25,000 USD or less, any hearing will
be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person
hearing will take place in your county of residence (of if a business your principal place of business) or our
principal place of business—King County, Washington if your dispute is with Microsoft. You choose. The
arbitrator may award the same damages to you individually as a court could. The arbitrator may award
declaratory or injunctive relief only to you individually to satisfy your individual claim.
e. Arbitration fees and payments.
(i)
Disputes involving $75,000 USD or less.
The manufacturer or installer (or Microsoft if your dispute
is with Microsoft) will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and
expenses. If you reject our last written settlement offer made before the arbitrator was appointed,
your dispute goes all the way to an arbitrator’s decision (called an “award”), and the arbitrator awards
Appendix 1 MICROSOFT SOFTWARE LICENSE TERMS
