These license terms are an agreement between Malbek ("App Provider") and you. Please read them. They apply to the add-in, connector or other software application you download from the Office Store or acquire from within the settings of an Office product (“App”). Additionally, The App comes with separate terms outlined in your Malbek Master Services Agreement (“Third-Party License”). The terms of the Third-Party License will apply. This agreement also applies to any updates and supplements for the App, unless other terms accompany those items. If so, those terms apply.
BY DOWNLOADING, INSTALLING, OR USING THE APP, OR ATTEMPTING TO DO ANY OF THESE, YOU HAVE ACCEPTED THESE TERMS. IF YOU DO NOT INTEND TO ACCEPT THEM, YOU HAVE NO RIGHT TO (AND MUST NOT) DOWNLOAD OR USE THE APP.
In this agreement “App Provider” means the entity licensing the App to you, as identified in the Office Store or the App’s description. If the App is licensed to you by Microsoft, then the App Provider is Microsoft (or based on where you live, one of its affiliates).
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use the App on a Windows device or devices that are affiliated with the Microsoft account that you use to access the Office Store or Office product. You may not install or use a copy of the App on a device you do not own or control.
2. INTERNET-BASED SERVICES. The App Provider may provide Internet-based services with the App. In addition to the following, your use of those services is subject to the terms provided to you by the App Provider and/or your wireless carrier.
3. SCOPE OF LICENSE. The App is licensed, not sold. This agreement only gives you some rights to use the App. The App Provider reserves all other rights. Unless the law gives you more rights despite this limitation, you may use the App only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the App that only allow you to use it in certain ways. You may not:
4. DOCUMENTATION. If documentation is provided with the App, you may copy and use the documentation solely for your reference purposes.
5. TECHNOLOGY AND EXPORT RESTRICTIONS. The App may be subject to United States or international technology control or export laws and regulations. You must comply with all domestic and international laws and regulations that apply to the technology used, employed or supported by the App. These laws include restrictions on destinations, end users and end use. For information on how these laws and regulations apply to Microsoft-branded products, see www.microsoft.com/exporting.
6. SUPPORT SERVICES. The App is provided “as is.” Contact the App Provider to determine if any support services are available. Microsoft, your device manufacturer, and your wireless carrier are not obligated under this agreement to provide support services for the App. Contact the App Provider to determine what (if any) support services are available.
8. APPLICABLE LAW.
9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of the state or country where you reside. This agreement does not change your rights under the laws of the state or country where you reside if such laws do not permit it to do so.
10. DISCLAIMER OF WARRANTY. THE APP IS LICENSED "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE." YOU BEAR ALL RISK OF USING IT. THE APP PROVIDER, ON BEHALF OF ITSELF, MICROSOFT, WIRELESS CARRIERS OVER WHOSE NETWORK THE APP IS DISTRIBUTED, AND ITS AND THEIR RESPECTIVE AFFILIATES, VENDORS, AGENTS, AND SUPPLIERS (“DISTRIBUTORS”), GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS UNDER OR IN RELATION TO THE APP. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, DISTRIBUTORS EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, YOU CAN RECOVER FROM THE APP PROVIDER ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE APP. YOU AGREE NOT TO SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM ANY DISTRIBUTOR.This limitation applies to