Analyzing Microsoft's Terms of Use: A Clickwrap Contract Case Study

This case study analyzes Microsoft's Terms of Use as a clickwrap contract. The analysis begins by identifying the contract and its parties, followed by an examination of the procedures for complaints and the clarity of the language used. The study assesses whether the contract is written in plain English or uses legal jargon (legalese), providing examples to support the conclusion. Furthermore, the assignment identifies and dissects ambiguous clauses within the contract that may affect user responsibilities or liability, explaining the potential for multiple interpretations or unclear meanings. The document covers software activation, end of support for older versions, and various terms related to service usage, privacy, and intellectual property rights. The analysis includes the limitations on the use of services, data privacy, and the protection of personal information, as well as specific notices regarding software, documents, and services available on the website. The study also explores the member account, password, and security protocols, and the limitations on unlawful or prohibited use of the services. The findings are presented in a structured manner to facilitate a comprehensive understanding of the contract's implications for users.

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Microsoft Terms of Use
Microsoft Office Home Student Activation
Activation is aimed at reducing software piracy as well as helping to ensure that
Microsoft customers are receiving the software quality that they expect. Activation means
that a specific Product Key becomes associated with the hardware it is installed on. The
Microsoft Software License Terms for 2007 Microsoft Office system state the number of
times your Product Key can be used for activation. Once you have used the Product Key for
the specified number of times on the same or different computers, that Product Key can no
longer be used for activation on other computers. Activation does not require any personal
information.
Activation is mandatory. After the grace period expires, you must activate the software to
be able to continue using it.
During activation, the product ID and a non-unique hardware identification are sent to
Microsoft. The product ID is generated from the Product Key used to install the software
and a generic code representing the version and language of Office being activated. The
non-unique hardware identification represents the configuration of your PC at the time of
activation. The hardware identification does not include any personal information or any
information about other software or data that may be on your PC. It cannot be used to
determine the specific make or model of your PC. The hardware identification is used solely
for the purpose of activation. Your copy of Office can detect and accept changes to your PC
configuration. Minor upgrades do not require re-activation. If you uninstall 2007 Microsoft
Office system, you may be required to activate your product again.
None of the information collected will be used to personally identify you and none of this
information is shared with partners outside Microsoft. The information is used only to
confirm that you have a licensed copy of the software.
For more information about Activation, see Activate Microsoft Office programs.
You can use the plan as long as you are working at a qualified school. Your eligibility may
be re-verified at any time. When your Office 365 Education plan expires:
 The Office applications enter a reduced-functionality mode, which means that you can
view documents, but you cannot edit or create new documents.
 Online services associated with the school email address—for example, Office Online and
OneDrive—will no longer work.
 If your plan expires, you can extend your plan by re-verifying your status as an educator,
or by moving to an Office 365 personal plan.
End of support for Office 2007

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Support for Office 2007 ended on October 10, 2017. All of your Office 2007 apps will
continue to function. However, you could expose yourself to serious and potentially
harmful security risks. Upgrade to a newer version of Office so you can stay up to date with
all the latest features, patches, and security updates.
Here's what the end of support means for you:
 You'll no longer receive Office 2007 software updates from Microsoft Update.
 You'll no longer receive security updates. Security updates are what help protect your PC
from harmful viruses, spyware, and other malicious software.
 You'll no longer receive phone or chat technical support.
 No further updates to support content will be provided. In fact, most online help content
will be retired.
 You'll no longer be able to download Office 2007 from the Microsoft web site.
Why is Microsoft doing this?
Office 2007, like most Microsoft products, has a support lifecycle during which we provide
new features, bug fixes, security fixes, and so on. This lifecycle typically lasts for 10 years
from the date of the product’s initial release.
What are my options?
Although you'll still be able to use Office 2007, we recommend upgrading to a newer
version of Office so you can stay up to date with all the latest features, patches, and security
updates.
Microsoft Terms of Use
 Acceptance of Terms
 Description of Services
 Personal and Non-Commercial Use Limitation
 Privacy and Protection of Personal Information
 Notice Specific to Software Available on this Website
 Notice Specific to Documents Available on this Website
 Notices Regarding Software, Documents, and Services Available on this Website
 Member Account, Password, and Security
 No Unlawful or Prohibited Use
 Use of Services
 Materials Provided to Microsoft or Posted at any Microsoft Website
 Notices and Procedure for Making Claims of Copyright Infringement

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 Links to Third-Party Sites
 Unsolicited Idea Submission Policy
 Acceptance of Terms
The services that Microsoft provides to you are subject to the following Terms of Use
("TOU"). Microsoft reserves the right to update the TOU at any time without notice to you.
The most current version of the TOU can be reviewed by clicking on the "Terms of Use"
hypertext link located at the bottom of our Web pages.
Description of Services
Through its network of Web properties, Microsoft provides you with access to a variety of
resources, including developer tools, download areas, communication forums and product
information (collectively "Services"). The Services, including any updates, enhancements,
new features, and/or the addition of any new Web properties, are subject to the TOU.
Personal and Non-Commercial Use Limitation
Unless otherwise specified, the Services are for your personal and non-commercial use. You
may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license,
create derivative works from, transfer, or sell any information, software, products or
services obtained from the Services.
Privacy and Protection of Personal Information
See the Privacy Statement disclosures relating to the collection and use of your
information.
Notice Specific to Software Available on this Website
Any software that is made available to download from the Services ("Software") is the
copyrighted work of Microsoft and/or its suppliers. Use of the Software is governed by the
terms of the end user license agreement, if any, which accompanies or is included License
Agreement, unless he or she first agrees to the License Agreement terms. Third party
scripts or code, linked to or referenced from this website, are licensed to you by the third
parties that own such code, not by Microsoft.
The Software is made available for download solely for use by end users according to the
License Agreement. Any reproduction or redistribution of the Software not in accordance
with the License Agreement is expressly prohibited by law, and may result in severe civil
and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE
TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR

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REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT
ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE
LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT,
MICROSOFT CORPORATION HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FOR YOUR CONVENIENCE,
MICROSOFT MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE
PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. MICROSOFT DOES NOT
MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR
OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE
RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS
AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN MICROSOFT SOFTWARE
PRODUCTS.
RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from the Services for or
on behalf of the United States of America, its agencies and/or instrumentalities ("U.S.
Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S.
Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs
(c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-
19, as applicable. Manufacturer is Microsoft Corporation, One Microsoft Way, Redmond,
WA 98052-6399.
Notice Specific to Documents Available on this Website
Permission to use Documents (such as white papers, press releases, datasheets and FAQs)
from the Services is granted, provided that (1) the below copyright notice appears in all
copies and that both the copyright notice and this permission notice appear, (2) use of such
Documents from the Services is for informational and non-commercial or personal use only
and will not be copied or posted on any network computer or broadcast in any media, and
(3) no modifications of any Documents are made. Accredited educational institutions, such
as K-12, universities, private/public colleges, and state community colleges, may download
and reproduce the Documents for distribution in the classroom. Distribution outside the
classroom requires express written permission. Use for any other purpose is expressly
prohibited by law, and may result in severe civil and criminal penalties. Violators will be
prosecuted to the maximum extent possible.
Documents specified above do not include the design or layout of the Microsoft.com
website or any other Microsoft owned, operated, licensed or controlled site. Elements of
Microsoft websites are protected by trade dress, trademark, unfair competition, and other
laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or
image from any Microsoft website may be copied or retransmitted unless expressly
permitted by Microsoft.

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MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND
RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL
SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER
EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. IN NO EVENT SHALL MICROSOFT AND/OR ITS RESPECTIVE
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD
INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. MICROSOFT AND/OR ITS
RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
Notices Regarding Software, Documents, and Services Available
on this Website
IN NO EVENT SHALL MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR
ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN
ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR
IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS,
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM
THE SERVICES.
Member Account, Password, and Security
If any of the Services requires you to open an account, you must complete the registration
process by providing us with current, complete and accurate information as prompted by
the applicable registration form. You also will choose a password and a user name. You are
entirely responsible for maintaining the confidentiality of your password and account.
Furthermore, you are entirely responsible for any and all activities that occur under your
account. You agree to notify Microsoft immediately of any unauthorized use of your
account or any other breach of security. Microsoft will not be liable for any loss that you
may incur as a result of someone else using your password or account, either with or

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without your knowledge. However, you could be held liable for losses incurred by
Microsoft or another party due to someone else using your account or password. You may
not use anyone else's account at any time, without the permission of the account holder.
No Unlawful or Prohibited Use
As a condition of your use of the Services, you will not use the Services for any purpose that
is unlawful or prohibited by these terms, conditions, and notices. You may not use the
Services in any manner that could damage, disable, overburden, or impair any Microsoft
server, or the network(s) connected to any Microsoft server, or interfere with any other
party's use and enjoyment of any Services. You may not attempt to gain unauthorized
access to any Services, other accounts, computer systems or networks connected to any
Microsoft server or to any of the Services, through hacking, password mining or any other
means. You may not obtain or attempt to obtain any materials or information through any
means not intentionally made available through the Services.
Use of Services
The Services may contain e-mail services, bulletin board services, chat areas, news groups,
forums, communities, personal web pages, calendars, photo albums, file cabinets and/or
other message or communication facilities designed to enable you to communicate with
others (each a "Communication Service" and collectively "Communication Services"). You
agree to use the Communication Services only to post, send and receive messages and
material that are proper and, when applicable, related to the particular Communication
Service. By way of example, and not as a limitation, you agree that when using the
Communication Services, you will not:
 Use the Communication Services in connection with surveys, contests, pyramid schemes,
chain letters, junk email, spamming or any duplicative or unsolicited messages
(commercial or otherwise).
 Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of
privacy and publicity) of others.
 Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,
obscene, indecent or unlawful topic, name, material or information.
 Upload, or otherwise make available, files that contain images, photographs, software or
other material protected by intellectual property laws, including, by way of example, and
not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless
you own or control the rights thereto or have received all necessary consent to do the
same.
 Use any material or information, including images or photographs, which are made
available through the Services in any manner that infringes any copyright, trademark,
patent, trade secret, or other proprietary right of any party.

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 Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted
files, or any other similar software or programs that may damage the operation of
another's computer or property of another.
 Advertise or offer to sell or buy any goods or services for any business purpose, unless such
Communication Services specifically allows such messages.
 Download any file posted by another user of a Communication Service that you know, or
reasonably should know, cannot be legally reproduced, displayed, performed, and/or
distributed in such manner.
 Falsify or delete any copyright management information, such as author attributions, legal
or other proper notices or proprietary designations or labels of the origin or source of
software or other material contained in a file that is uploaded.
 Restrict or inhibit any other user from using and enjoying the Communication Services.
 Violate any code of conduct or other guidelines which may be applicable for any particular
Communication Service.
 Harvest or otherwise collect information about others, including e-mail addresses.
 Violate any applicable laws or regulations.
 Create a false identity for the purpose of misleading others.
 Use, download or otherwise copy, or provide (whether or not for a fee) to a person or
entity any directory of users of the Services or other user or usage information or any
portion thereof.
Microsoft has no obligation to monitor the Communication Services. However, Microsoft
reserves the right to review materials posted to the Communication Services and to remove
any materials in its sole discretion. Microsoft reserves the right to terminate your access to
any or all of the Communication Services at any time, without notice, for any reason
whatsoever.
Microsoft reserves the right at all times to disclose any information as Microsoft deems
necessary to satisfy any applicable law, regulation, legal process or governmental request,
or to edit, refuse to post or to remove any information or materials, in whole or in part, in
Microsoft's sole discretion.
Always use caution when giving out any personally identifiable information about yourself
or your children in any Communication Services. Microsoft does not control or endorse the
content, messages or information found in any Communication Services and, therefore,
Microsoft specifically disclaims any liability with regard to the Communication Services
and any actions resulting from your participation in any Communication Services.
Managers and hosts are not authorized Microsoft spokespersons, and their views do not
necessarily reflect those of Microsoft.
Materials uploaded to the Communication Services may be subject to posted limitations on
usage, reproduction and/or dissemination; you are responsible for adhering to such
limitations if you download the materials.
Materials Provided to Microsoft or Posted at Any Microsoft Website

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Microsoft does not claim ownership of the materials you provide to Microsoft (including
feedback and suggestions) or post, upload, input or submit to any Services or its associated
services for review by the general public, or by the members of any public or private
community, (each a "Submission" and collectively "Submissions"). However, by posting,
uploading, inputting, providing or submitting ("Posting") your Submission you are granting
Microsoft, its affiliated companies and necessary sublicensees permission to use your
Submission in connection with the operation of their Internet businesses (including,
without limitation, all Microsoft Services), including, without limitation, the license rights
to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate
and reformat your Submission; to publish your name in connection with your Submission;
and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of your Submission, as provided
herein. Microsoft is under no obligation to post or use any Submission you may provide and
Microsoft may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control all
of the rights to your Submission as described in these Terms of Use including, without
limitation, all the rights necessary for you to provide, post, upload, input or submit the
Submissions.
In addition to the warranty and representation set forth above, by Posting a Submission
that contain images, photographs, pictures or that are otherwise graphical in whole or in
part ("Images"), you warrant and represent that (a) you are the copyright owner of such
Images, or that the copyright owner of such Images has granted you permission to use such
Images or any content and/or images contained in such Images consistent with the manner
and purpose of your use and as otherwise permitted by these Terms of Use and the
Services, (b) you have the rights necessary to grant the licenses and sublicenses described
in these Terms of Use, and (c) that each person depicted in such Images, if any, has
provided consent to the use of the Images as set forth in these Terms of Use, including, by
way of example, and not as a limitation, the distribution, public display and reproduction of
such Images. By Posting Images, you are granting (a) to all members of your private
community (for each such Images available to members of such private community),
and/or (b) to the general public (for each such Images available anywhere on the Services,
other than a private community), permission to use your Images in connection with the
use, as permitted by these Terms of Use, of any of the Services, (including, by way of
example, and not as a limitation, making prints and gift items which include such Images),
and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and
reformat your Images without having your name attached to such Images, and the right to
sublicense such rights to any supplier of the Services. The licenses granted in the preceding
sentences for a Images will terminate at the time you completely remove such Images from
the Services, provided that, such termination shall not affect any licenses granted in
connection with such Images prior to the time you completely remove such Images. No
compensation will be paid with respect to the use of your Images.

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Notices and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement should be sent to Service Provider's Designated Agent. ALL
INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A
RESPONSE.
Notice and Procedure for Making Claims of Copyright Infringement.
Links to Third Party Sites
THE LINKS IN THIS AREA WILL LET YOU LEAVE MICROSOFT'S SITE. THE LINKED SITES
ARE NOT UNDER THE CONTROL OF MICROSOFT AND MICROSOFT IS NOT RESPONSIBLE
FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE,
OR ANY CHANGES OR UPDATES TO SUCH SITES. MICROSOFT IS NOT RESPONSIBLE FOR
WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED
SITE. MICROSOFT IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND
THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY MICROSOFT OF THE
SITE.
Unsolicited Idea Submission Policy
MICROSOFT OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED
IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW
PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW
PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES,
DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID
POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN MICROSOFT'S PRODUCTS OR
MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO MICROSOFT.
SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO MICROSOFT OR ANYONE AT
MICROSOFT. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND
MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT MICROSOFT MAKES
NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS
CONFIDENTIAL OR PROPRIETARY.
Microsoft Privacy Statement
Your privacy is important to us. This privacy statement explains the personal data
Microsoft processes, how Microsoft processes it, and for what purposes.

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Microsoft offers a wide range of products, including server products used to help operate
enterprises worldwide, devices you use in your home, software that students use at school,
and services developers use to create and host what’s next. References to Microsoft
products in this statement include Microsoft services, websites, apps, software, servers,
and devices.
Please read the product-specific details in this privacy statement, which provide additional
relevant information. This statement applies to the interactions Microsoft has with you and
the Microsoft products listed below, as well as other Microsoft products that display this
statement.
Personal data we collect
How we use personal data
Reasons we share personal data
How to access and control your personal data
Cookies and similar technologies
Products provided by your organization—notice to end users
Microsoft account
Other important privacy information
Product-specific details:
Enterprise and developer products
Productivity and communications products
Search and artificial intelligence
Windows
Entertainment and related services

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Personal data we collect
Microsoft collects data from you, through our interactions with you and through our
products. You provide some of this data directly, and we get some of it by collecting data
about your interactions, use, and experiences with our products. The data we collect
depends on the context of your interactions with Microsoft and the choices you make,
including your privacy settings and the products and features you use. We also obtain data
about you from third parties.
If you represent an organization, such as a business or school, that utilizes Enterprise and
Developer Products from Microsoft, please see the Enterprise and developer
products section of this privacy statement to learn how we process your data. If you are an
end user of a Microsoft product or a Microsoft account provided by your organization,
please see the Products provided by your organization and the Microsoft account sections
for more information.
You have choices when it comes to the technology you use and the data you share. When
we ask you to provide personal data, you can decline. Many of our products require some
personal data to provide you with a service. If you choose not to provide data required to
provide you with a product or feature, you cannot use that product or feature. Likewise,
where we need to collect personal data by law or to enter into or carry out a contract with
you, and you do not provide the data, we will not be able to enter into the contract; or if this
relates to an existing product you’re using, we may have to suspend or cancel it. We will
notify you if this is the case at the time. Where providing the data is optional, and you
choose not to share personal data, features like personalization that use such data will not
work for you.
How we use personal data
Microsoft uses the data we collect to provide you with rich, interactive experiences. In
particular, we use data to:
 Provide our products, which includes updating, securing, and troubleshooting, as
well as providing support. It also includes sharing data, when it is required to
provide the service or carry out the transactions you request.
 Improve and develop our products.
 Personalize our products and make recommendations.
 Advertise and market to you, which includes sending promotional communications,
targeting advertising, and presenting you with relevant offers.

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We also use the data to operate our business, which includes analyzing our performance,
meeting our legal obligations, developing our workforce, and doing research.
In carrying out these purposes, we combine data we collect from different contexts (for
example, from your use of two Microsoft products) or obtain from third parties to give you
a more seamless, consistent, and personalized experience, to make informed business
decisions, and for other legitimate purposes.
Our processing of personal data for these purposes includes both automated and manual
(human) methods of processing. Our automated methods often are related to and
supported by our manual methods. For example, our automated methods include artificial
intelligence (AI), which we think of as a set of technologies that enable computers to
perceive, learn, reason, and assist in decision-making to solve problems in ways that are
similar to what people do. To build, train, and improve the accuracy of our automated
methods of processing (including AI), we manually review some of the predictions and
inferences produced by the automated methods against the underlying data from which the
predictions and inferences were made. For example, we manually review short snippets of
a small sampling of voice data we have taken steps to de-identify to improve our speech
services, such as recognition and translation.
Reasons we share personal data
We share your personal data with your consent or to complete any transaction or provide
any product you have requested or authorized. We also share data with Microsoft-
controlled affiliates and subsidiaries; with vendors working on our behalf; when required
by law or to respond to legal process; to protect our customers; to protect lives; to maintain
the security of our products; and to protect the rights and property of Microsoft and its
customers.
How to access and control your personal data
You can also make choices about the collection and use of your data by Microsoft. You can
control your personal data that Microsoft has obtained, and exercise your data protection
rights, by contacting Microsoft or using various tools we provide. In some cases, your
ability to access or control your personal data will be limited, as required or permitted by
applicable law. How you can access or control your personal data will also depend on
which products you use. For example, you can:
 Control the use of your data for interest-based advertising from Microsoft by
visiting our opt-out page.
 Choose whether you wish to receive promotional emails, SMS messages, telephone
calls, and postal mail from Microsoft.

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 Access and clear some of your data through the Microsoft privacy dashboard.
Not all personal data processed by Microsoft can be accessed or controlled via the tools
above. If you want to access or control personal data processed by Microsoft that is not
available via the tools above or directly through the Microsoft products you use, you can
always contact Microsoft at the address in the How to contact us section or by using
our web form.
Cookies and similar technologies
Cookies are small text files placed on your device to store data that can be recalled by a web
server in the domain that placed the cookie. We use cookies and similar technologies for
storing and honoring your preferences and settings, enabling you to sign in, providing
interest-based advertising, combating fraud, analyzing how our products perform, and
fulfilling other legitimate purposes. Microsoft apps use additional identifiers, such as the
advertising ID in Windows described in the Advertising ID section of this privacy
statement, for similar purposes.
We also use “web beacons” to help deliver cookies and gather usage and performance data.
Our websites may include web beacons, cookies, or similar technologies from third-party
service providers.
You have a variety of tools to control the data collected by cookies, web beacons, and
similar technologies. For example, you can use controls in your internet browser to limit
how the websites you visit are able to use cookies and to withdraw your consent by
clearing or blocking cookies.
Products provided by your organization—notice to end users
If you use a Microsoft product or use an email address to access Microsoft products and
that product or email address was provided by an organization you are affiliated with, such
as an employer or school, that organization can:
 Control and administer your Microsoft product and product account, including
controlling privacy-related settings of the product or product account.
 Access and process your data, including the interaction data, diagnostic data, and
the contents of your communications and files associated with your Microsoft
product and product accounts.
If you lose access to your work or school account (in event of change of employment, for
example), you may lose access to products and the content associated with those products,

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including those you acquired on your own behalf, if you used your work or school account
to sign in to such products.
Many Microsoft products are intended for use by organizations, such as schools and
businesses. Please see the Enterprise and developer products section of this privacy
statement. If your organization provides you with access to Microsoft products, your use of
the Microsoft products is subject to your organization's policies, if any. You should direct
your privacy inquiries, including any requests to exercise your data protection rights, to
your organization’s administrator. When you use social features in Microsoft products,
other users in your network may see some of your activity. To learn more about the social
features and other functionality, please review documentation or help content specific to
the Microsoft product. Microsoft is not responsible for the privacy or security practices of
our customers, which may differ from those set forth in this privacy statement.
For Microsoft products provided by your K-12 school, including Microsoft 365 Education,
Microsoft will:
 not collect or use student personal data beyond that needed for authorized
educational or school purposes;
 not sell or rent student personal data;
 not use or share student personal data for advertising or similar commercial
purposes, such as behavioral targeting of advertisements to students;
 not build a personal profile of a student, other than for supporting authorized
educational or school purposes or as authorized by the parent, guardian, or student
of appropriate age; and
 require that our vendors with whom student personal data is shared to deliver the
educational service, if any, are obligated to implement these same commitments for
student personal data.
Microsoft account
With a Microsoft account, you can sign in to Microsoft products, as well as those of select
Microsoft partners. Personal data associated with your Microsoft account includes
credentials, name and contact data, payment data, device and usage data, your contacts,
information about your activities, and your interests and favorites. Signing in to your
Microsoft account enables personalization and consistent experiences across products and
devices, permits you to use cloud data storage, allows you to make payments using
payment instruments stored in your Microsoft account, and enables other features.
There are three types of Microsoft account:
 When you create your own Microsoft account tied to your personal email address,
we refer to that account as a personal Microsoft account.

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 When you or your organization (such as an employer or your school) create your
Microsoft account tied to your email address provided by that organization, we refer
to that account as a work or school account.
 When you or your service provider (such as a cable or internet service provider)
create your Microsoft account tied to your email address with your service
provider’s domain, we refer to that account as a third-party account.
If you sign into a service offered by a third party with your Microsoft account, you will
share with that third party the account data required by that service.
Other important privacy information
Below you will find additional privacy information, such as how we secure your data,
where we process your data, and how long we retain your data. You can find more
information on Microsoft and our commitment to protecting your privacy at Microsoft
Privacy.
Product-specific details:
Enterprise and developer products
Enterprise and Developer Products are Microsoft products and related software offered to
and designed primarily for use by organizations and developers. They include:
 Cloud services, referred to as Online Services in the Microsoft Online Services
Terms (OST), such as Office 365, Microsoft Azure, Microsoft Dynamics365, and
Microsoft Intune for which an organization (our customer) contracts with Microsoft
for the services (“Enterprise Online Services”).
 Other enterprise and developer cloud-based services, such as PlayFab Services and
tools such as Cortana Skills Kit.
 Server, developer, and hybrid cloud platform products, such as Windows Server,
SQL Server, Visual Studio, System Center, Azure Stack and open source software like
Bot Framework solutions (“Enterprise and Developer Software”).
 Appliances and hardware used for storage infrastructure, such as StorSimple
(“Enterprise Appliances”).
 Professional services referred to in the OST that are available with Enterprise
Online Services, such as onboarding services, data migration services, data science
services, or services to supplement existing features in the Enterprise Online
Services.

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In the event of a conflict between this Microsoft privacy statement and the terms of any
agreement(s) between a customer and Microsoft for Enterprise and Developer
Products, the terms of those agreement(s) will control.
You can also learn more about our Enterprise and Developer Products’ features and
settings, including choices that impact your privacy or your end users’ privacy, in
product documentation.
If any of the terms below are not defined in this Privacy Statement or the OST, they have
the definitions below.
General. When a customer tries, purchases, uses, or subscribes to Enterprise and
Developer Products, or obtains support for or professional services with such products,
Microsoft collects data to provide the service (including uses compatible with providing the
service), provide the best experiences with our products, operate our business, and
communicate with the customer. For example:
 When a customer engages with a Microsoft sales representative, we collect the
customer’s name and contact data, along with information about the customer’s
organization, to support that engagement.
 When a customer interacts with a Microsoft support professional, we collect device
and usage data or error reports to diagnose and resolve problems.
 When a customer pays for products, we collect contact and payment data to process
the payment.
 When Microsoft sends communications to a customer, we use data to personalize
the content of the communication.
 When a customer engages with Microsoft for professional services, we collect the
name and contact data of the customer’s designated point of contact and use
information provided by the customer to perform the services that the customer has
requested.
The Enterprise and Developer Products enable you to purchase, subscribe to, or use other
products and online services from Microsoft or third parties with different privacy
practices, and those other products and online services are governed by their respective
privacy statements and policies.
Learn more
Productivity and communications products
Productivity and communications products are applications, software, and services you can
use to create, store, and share documents, as well as communicate with others.
Search and artificial intelligence

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Search and artificial intelligence products connect you with information and intelligently
sense, process, and act on information—learning and adapting over time.
Windows
Windows is a personalized computing environment that enables you to seamlessly roam
and access services, preferences, and content across your computing devices from phones
to tablets to the Surface Hub. Rather than residing as a static software program on your
device, key components of Windows are cloud-based, and both cloud and local elements of
Windows are updated regularly, providing you with the latest improvements and features.
In order to provide this computing experience, we collect data about you, your device, and
the way you use Windows. And because Windows is personal to you, we give you choices
about the personal data we collect and how we use it. Note that if your Windows device is
managed by your organization (such as your employer or school), your organization may
use centralized management tools provided by Microsoft or others to access and process
your data and to control device settings (including privacy settings), device policies,
software updates, data collection by us or the organization, or other aspects of your device.
Additionally, your organization may use management tools provided by Microsoft or others
to access and process your data from that device, including your interaction data,
diagnostic data, and the contents of your communications and files. For more information
about data collection and privacy in Windows, see Windows 10 and your online services.
Earlier versions of Windows (including Windows Vista, Windows 7, Windows 8, and
Windows 8.1) are subject to their own privacy statements.
Entertainment and related services
Entertainment and Related Services power rich experiences and enable you to access a
variety of content, applications and games.
Microsoft Health services
Microsoft Health services can help you understand and manage your health data. They
include HealthVault, HealthVault Insights, Microsoft Band devices, other Microsoft Health
applications and related products. The Band helps you keep track of data like heart rate
and steps taken. The Band can also use Cortana to take notes and receive notifications from
your phone. The Microsoft Health applications send data to Microsoft servers and allow

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you to view, manage and control the data. The applications may enable notifications to the
Band and other devices. HealthVault services let you gather, edit, add to, and store health
data online, and share your health data with family, caregivers, and health care
professionals.
Microsoft Health services collect and use your data to provide the services, which includes
improving and personalizing your experiences. Health data you provide to Microsoft
through Microsoft Health services is not combined with data from other Microsoft services,
or used for other purposes without your explicit consent. For example, Microsoft does not
use your health record data to market or advertise to you without your opt-in consent.
When referring to Microsoft trademarks and the names of Microsoft software, products,
and services, follow these Microsoft Trademark and Brand Guidelines.
Microsoft Trademark & Brand Guidelines
You may use Microsoft trademarks in text solely to refer to and/or link to Microsoft’s
products and services and in accordance with the terms of these Guidelines.
You may not:
 use Microsoft logos, logotypes, icons, trade dress or other elements of Microsoft packaging,
websites or materials unless specifically permitted under these Guidelines or other
applicable guidelines;
 use the trademarks in the name of your business, product, service, app, domain name,
social media account, or other offering (with the exception of seminars and conferences,
which are covered by the Publications, Seminars, and Conferences Guidelines;
 use the trademarks more prominently than your product or service name;
 use the trademarks on promotional merchandise that you are selling or distributing (such
as t-shirts, travel mugs, etc.);
 do or say anything or use the trademarks in a way that implies affiliation with, or
sponsorship, endorsement or approval by Microsoft of your products or services;
 alter, animate, or distort the trademarks or combine them with any other symbols, words,
images or designs, or incorporate them into a tagline or slogan;
 use the trademarks in any way that is contrary to these Guidelines and/or
the Publications, Seminars, and Conferences Guidelines.
App Guidelines
Your registered publisher name and everything about your app—name, logo, description,
screenshots—must be unique and free of Microsoft trademarks unless (1) you’ve secured
permission from Microsoft through a license or equivalent (though such licenses are not
generally available in this context); or (2) you’re only using a Microsoft trademark (not

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including logos) to describe that your product is designed to work in conjunction with a
Microsoft product or service and as long as your app logo and/or name:
 does not suggest/give the impression your app is actually published by, affiliated with or
endorsed by Microsoft; and
 denotes your own unique brand so as to clearly signal to users that there is no affiliation or
endorsement by Microsoft.
In addition, Microsoft logos cannot be used as a source identifier for your app icon.
Box Shots and Screenshots
Visit Use of Microsoft Copyrighted Content to learn how to use box shots and
screenshots.
Publications, Seminars, and Conferences
You may refer to Microsoft product, service, and technology names on the cover of
magazines and periodicals and in the title of seminars and conferences, pursuant to
the Publications, Seminars, and Conferences Guidelines.
Social Media Guidelines
The name of your social media account, any and all pages or communities, cannot begin
with a Microsoft trademark. In addition, Microsoft logos cannot be used in a way that might
suggest affiliation with Microsoft, including, but not limited to, the account, profile, or
header images. The only exceptions to these requirements are if (1) you’ve secured
permission from Microsoft through a license or equivalent (though such licenses are not
generally available in this context); or (2) you’re using a Microsoft trademark (not
including logos) to describe the purpose of your account, page, or community provided
that:
 you are not suggesting affiliation with or endorsement by Microsoft; and,
 your account does not use the name or likeness of any prominent individuals within
Microsoft.
For example, you cannot name your account, page, or community “Xbox Gaming” or
“Microsoft Products.” However, it would be acceptable to name your account, page, or
community “Fans of Gaming on Xbox” or “Information about Microsoft Products” as long as
you do not use the Xbox or Microsoft logos or otherwise suggest any affiliation with
Microsoft.
Specific Brand Guidelines

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In addition to the above, specific Brand Guidelines exist for certain Microsoft offerings.
Select the relevant brand below for its specific Brand Guidelines. For brands not listed,
consult your Microsoft contact.
Privacy Statement
This Privacy Statement explains our practices, including your choices, regarding the
collection, use, and disclosure of certain information, including your personal information,
by Microsoft.
You can use the plan as long as you are working at a qualified school. Your
eligibility may be re-verified at any time. When your Office 365 Education plan
expires:
 The Office applications enter a reduced-functionality mode, which means that you can
view documents, but you cannot edit or create new documents.
 Online services associated with the school email address—for example, Office Online and
OneDrive—will no longer work.
 If your plan expires, you can extend your plan by re-verifying your status as an educator,
or by moving to an Office 365 personal plan.