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MICROSOFT CONTENT LICENSE TERMS

MICROSOFT Themes

These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. Microsoft is offering content in the form of ringtones for mobile phones. These license terms apply to the content named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft updatessupplementssupport servicesBy using the content, you accept these terms. If you do not accept them, do not use the content.If you comply with these license terms, you have the rights below.INSTALLATION AND USE RIGHTS.You may install the content on a single computer that you use to exchange data and content with a single mobile electronic device that supports secure Windows Media formats, specifically Windows Media Player 9 Mobile, Windows Media Player 10 Mobile and later.SCOPE OF LICENSE.The content is licensed, not sold. This agreement only gives you some rights to use the content. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the content only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the content that only allow you to use it in certain ways. You may notwork around any technical limitations regarding the content;reverse engineer, decompile or disassemble the content, except and only to the extent that applicable law expressly permits, despite this limitation;make more copies of the content allowed by applicable law, despite this limitation;publish the content for others to copy;rent, lease or lend the content;transfer the content or this agreement to any third party;use the content for commercial hosting services; orattempt to, or encourage or assist any other person to, circumvent or modify any software required for use of the content.TRANSFER TO ANOTHER DEVICE.You may uninstall the content and install it on a single computer that you use to exchange data and content on another device for your use so long as this other device supports secure Windows Media formats, specifically Windows Media Player 9 and later. The transfer permitted is solely an accommodation to you and does not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners of any content, sound recording, underlying musical composition or artwork embodied in any content. EXPORT RESTRICTIONS.The content is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the content. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.SUPPORT SERVICES.Because this content is “as is,” we may not provide support services for it.ENTIRE AGREEMENT.This agreement, and the terms for supplements, updates, Internet powered services and support services that you use, are the entire agreement for the content and support services.APPLICABLE LAW.United States. If you acquired the content in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.Outside the United States. If you acquired the content in any other country, the laws of that country apply.Legal Effect. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the content. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.Disclaimer of Warranty. The content is licensed “as-is.” You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.Microsoft can not be held responsible in any way for any damages or costs to the customer, the customer are sole responsible to make sure that the phone is compatible and in working condition for downloading the content selected. Limitation on and Exclusion of Remedies and Damages. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.This limitation applies to anything related to the content, services content (including code) on third party Internet sites, or third party programs; and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.