Microsoft Software License Agreement
Autor: LaLaLaLaLa12345 • November 5, 2015 • Coursework • 356 Words (2 Pages) • 689 Views
Microsoft Software License Agreement
- Retail License Terms
Clause: How can I use the software?
This clause basically says that Microsoft Office 2013 is only licensed to one user on one computer for personal use at a time. It’s licensed as a single unit for direct use.
The clause here clarifies the rules to use this software at the beginning of the contract. It articulates what’s expected and what’s not allowed to prospective users. It’s necessary to have this clause to regulate uses’ behaviors and arouse the awareness of their limited rights on the licensed software.
I think it’s legally binding because as the software’s developer, Microsoft has the power to claim terms to protect and license the copyright of its software.
- Additional Terms
Clause: Binding arbitration and class action waiver
This clause basically says that what Microsoft and the other party are expected to do when any disputes expect a dispute about intellectual property rights arise. A notice of dispute must be given first, then either an informal negotiation within 60 days after notice or a litigation in small claims court is conducted to resolve the dispute. Binding arbitration under the AAA will finally come if the dispute is still not resolved. Any dispute must be filed within one year. Class action waiver also restricts any litigations individually, which means any party can’t be represented by a member of a group. But any parts found to be illegal or unenforceable will be proceed in a court of law.
The clause here articulates the process expected to take after a disrupt arises. It offers a way to avoid the expense, tension, delay, publicity of litigation, and the vagaries of a jury trial by binding arbitration. It’s necessary to insert such a clause in case of potential risks and complexity when a disrupt arises.
I think it’s legally binding because it clearly expresses the scope of its application, the specific process, which arbitration service used, the party paying the resulting fees and the exceptions in some circumstances. In addition, the following clause of Choice of Law specifies which jurisdiction’s law is to be applied. In total, it’s a well rounded and enforceable clause.
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