By USING YOUR KINECT SENSOR 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 KINECT SENSOR. RETURN IT TO UNUSED TO YOUR RETAILER OR MICROSOFT FOR A REFUND. Contact Microsoft at http://www.xbox.com/ or at the Microsoft location near You.
“Xbox 360 S” means an Xbox 360 S console.
“Authorized Accessory” means a Microsoft branded Xbox 360 or Xbox 360 S hardware accessory, and a Microsoft licensed, third party branded, Xbox 360 or Xbox 360 S hardware accessory whose packaging bears the official “Licensed for Xbox” logo. The Kinect Sensor is an Authorized Accessory solely for purpose of this software license.
“Authorized Games” means Xbox 360 or Xbox 360 S games on game discs published or licensed by Microsoft, and game content downloaded from Microsoft’s Xbox Live service or Xbox.com Web site (for example, avatars, downloadable games, game add-ons, etc.).
“Software” means the software pre-installed in the Kinect Sensor, including any updates Microsoft may make available from time to time.
“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.
“Unauthorized Games” means all game discs, game downloads, and game content or media other than Authorized Games.
“Unauthorized Software” means any software not distributed by Microsoft through Xbox 360 or Xbox 360 S game discs published or licensed by Microsoft, Microsoft’s Xbox Live service, or Xbox.com Web site.
“You” means the user of a Kinect Sensor.
The Software is licensed to You, not sold. You are licensed to use the Software only as pre-installed in Your Kinect Sensor, and updated by Microsoft from time to time. You may not copy or reverse engineer the Software.
As conditions to this Software license, You agree that:
You will use Your Kinect Sensor with Xbox 360 or Xbox 360 S only and not with any other device (including, for example, personal computers, other video game consoles, etc.). You will use only Authorized Games with Your Kinect Sensor. You will not use Unauthorized Accessories or Unauthorized Games. They may not work or may stop working permanently after a Software update.
You will not use or install any Unauthorized Software. If You do, Your Kinect Sensor may stop working permanently at that time or after a later Software update.
You will not attempt to defeat or circumvent any Kinect Sensor technical limitation, security, or anti-piracy system. If You do, Your Kinect Sensor may stop working permanently at that time or after a later Software update.
Microsoft may use technical measures, including Software updates, to limit use of the Kinect Sensor to Xbox 360 or Xbox 360 S, to prevent use of Unauthorized Accessories and Unauthorized Games, and to protect the technical limitations, security and anti-piracy systems in the Kinect Sensor.
Microsoft may update the Software from time to time without further notice to You, for example, to update any technical limitation, security, or anti-piracy system.
The Software is covered by the Limited Warranty for Your Kinect Sensor, and Microsoft gives no other guarantee, warranty, or condition for the Software. No one else may give any guarantee, warranty, or condition on Microsoft’s behalf.
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 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 States or Provinces do not allow the exclusion or limitation of incidental or consequential damages, so this limitation or exclusion may not apply to You.
Choice of Law
If You acquired Your Kinect Sensor in the United States, Washington State law governs the interpretation of this Software license and any claim that Microsoft has breached it, regardless of conflict of law principles.
If You acquired Your Kinect Sensor in Canada, Ontario Provincial law governs the interpretation of this Software license and any claim that Microsoft has breached it, regardless of conflict of law principles.
The laws of the State or Province where You live govern all other claims (including consumer protection, unfair competition, implied warranty, and tort claims).
This agreement applies to the maximum extent permitted by law and unless prohibited by law. This agreement does not change your rights under the laws of your State or country if the laws of your State or country do not permit it to do so.
Microsoft’s address in the United States:
Microsoft Corporation, One Microsoft Way, Redmond, WA 98052
Microsoft’s address in Canada:
Microsoft Canada Inc., 1950 Meadowvale Blvd., Mississauga, Ontario, L5N 8L9