Software License Agreement

XBOX SOFTWARE LICENSE TERMS

BY USING YOUR XBOX CONSOLE, KINECT SENSOR or Authorized Accessory (as defined below), YOU AGREE TO THIS SOFTWARE LICENSE. BEFORE SETTING IT UP, PLEASE READ THIS SOFTWARE LICENSE CAREFULLY. IF YOU DO NOT ACCEPT THIS SOFTWARE LICENSE, DO NOT USE YOUR XBOX ONE], XBOX 360, KINECT FOR XBOX or Authorized Accessory. RETURN IT TO UNUSED TO YOUR RETAILER OR MICROSOFT FOR A REFUND. Contact Microsoft at http://www.xbox.com.

1. Definitions

(a) “Xbox Console” means an Xbox One, Xbox 360 or original Xbox console.

(b) “Kinect Sensor” means a new Kinect for Xbox 360 or Kinect for Xbox One sensor purchased from an authorized retailer.

(c) “Authorized Accessory” means a Microsoft branded Xbox One, Xbox 360 or Xbox hardware accessory, and/or a Microsoft licensed, third-party branded, Xbox One, Xbox 360 or Xbox hardware accessory whose packaging bears the official “Licensed for Xbox” and/or the “Designed for Xbox” logo.

(d) “Authorized Games” means Xbox games on game discs published or licensed by Microsoft, and game content downloaded from Microsoft’s Live service or Xbox.com Web site (for example, avatars, downloadable games, game add-ons, etc.).

(e) “Xbox Software” means the software pre-installed in the Xbox Console or Authorized Accessory, including any updates Microsoft may make available from time to time.

(f) “Unauthorized Accessories” means all hardware accessories other than an Authorized Accessory, except that USB memory sticks, digital cameras used to make photographs or movies, and music players used to play music or display photographs or videos are not Unauthorized Accessories.

(g) “Unauthorized Games” means all game discs, game downloads, and game content or media other than Authorized Games.

(h) “Unauthorized Software” means any software not distributed by Microsoft through Xbox One, Xbox 360 or Xbox game discs published or licensed by Microsoft, Microsoft’s Xbox Live service, or Xbox.com Web site.

(i) “You” means the user of an Xbox Console, Kinect Sensor or Authorized Accessory.

2. License

(a) The Xbox Software is licensed to You, not sold. You are licensed to use the Xbox Software only as pre-installed in Your Xbox Console or Authorized Accessory, and updated by Microsoft from time to time. You may not copy or reverse engineer the Xbox Software.

(b) As conditions to this Xbox Software license, You agree that:

     (i) You will use only Authorized Accessories and Authorized Games with Your Xbox Console, Kinect Sensor or Authorized Accessory. You will not use Unauthorized Accessories or Unauthorized     Games. They may not work or may stop working permanently after an Xbox Software update.

     (ii) You will not use or install any Unauthorized Software. If You do, Your Xbox Console, Kinect Sensor or Authorized Accessory may stop working permanently at that time or after a later Xbox Software update.

     (iii) You will not attempt to defeat or circumvent any Xbox Console, Kinect Sensor or Authorized Accessory technical limitation, security, or anti-piracy system. If You do, Your Xbox Console, Kinect Sensor or Authorized Accessory may stop working permanently at that time or after a later Xbox Software update.

     (iv) Microsoft may use technical measures, including Xbox Software updates, to prevent use of Unauthorized Accessories and Unauthorized Games, and to protect the technical limitations, security, and anti-piracy systems in the Xbox Console, Kinect Sensor or Authorized Accessory.

     (v) Microsoft may update the Xbox Software from time to time without further notice to You, for example, to update any technical limitation, security, or anti-piracy system.

     (vi) You will not connect the Kinect Sensor to, or use the Kinect Sensor with, any device other than the Xbox Console and/or Authorized Accessories. Use of the Xbox Sensor with any other device(s) may void your limited warranty.

3. Warranty.

The Xbox Software is covered by the warranty for Your Xbox Console, Kinect Sensor or Authorized Accessory, and Microsoft gives no other guarantee, warranty, or condition for the Xbox Software. No one else may give any guarantee, warranty, or condition on Microsoft’s behalf.

4. EXCLUSION OF CERTAIN DAMAGES

MICROSOFT IS NOT responsible FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; ANY LOSS OF DATA, PRIVACY, CONFIDENTIALITY, OR PROFITS; OR ANY INABILITY TO USE THE XBOX SOFTWARE. THESE EXCLUSIONS APPLY EVEN IF MICROSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES, AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some countries do not allow the exclusion or limitation of incidental or consequential damages, so this limitation or exclusion may not apply to You.

These terms apply to the maximum extent permitted by law and unless prohibited by law. These terms do not change your rights under the laws of your country if those laws do not permit that change.

5. Territory and Choice of Law.

This License is valid only in the country in which you purchased Your Xbox Console, Kinect Sensor and/or Authorized Accessory. This License will be subject to and construed in accordance with the law of Your country of residence, regardless of conflict of laws principles.

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