expenses. It will not seek its attorney's fees or expenses from you in any arbitration. Fees and
expenses are not counted in determining how much a dispute involves.
h. Claims or disputes must be filed within one year. To the extent permitted by law, any claim or
dispute under this agreement to which Section 2 applies must be filed within one year in small claims
court (Section 2.c) or in arbitration (Section 2.d). The one-year period begins when the claim or
dispute first could be filed. If such a claim or dispute is not filed within one year, it is permanently
barred.
i.
Severability. If the class action waiver in Section 2.e is found to be illegal or unenforceable as to all
or some parts of a dispute, then Section 2 will not apply to those parts. Instead, those parts will be
severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any
other provision of Section 2 is found to be illegal or unenforceable, that provision will be severed
with the remainder of Section 2 remaining in full force and effect.
j.
Third-Party Beneficiary. Microsoft Corporation is not a party to this agreement but is a third-party
beneficiary of your and the ndd Medizintechnik AG's agreement to resolve disputes through informal
negotiation and arbitration. If your dispute is with Microsoft, Microsoft agrees to do everything
ndd Medizintechnik AG agrees to do in Section 2, and you agree to do everything regarding
Microsoft that Section 2 requires you to do regarding ndd Medizintechnik AG. Mail a Notice of
Dispute with Microsoft to Microsoft Corporation, ATTN: LCA ARBITRATION, One Microsoft Way,
Redmond, WA 98052-6399. You may commence an arbitration or small claims court case against
Microsoft in your county of residence or King County, Washington.
3. CHOICE OF LAW
The laws of the state or country where you live govern all claims and disputes under this agreement,
including breach of contract claims and claims under state consumer protection laws, unfair competition
laws, implied warranty laws, for unjust enrichment, and in tort. If you acquired the software in any other
country, the laws of that country apply. This agreement describes certain legal rights. You may have
other rights, including consumer rights, under the laws of your state or country. You may also have
rights with respect to the party from whom you acquired the software. This agreement does not change
those other rights if the laws of your state or country do not permit it to do so.
4. INTERNET-BASED FEATURES; PRIVACY
The following software features use Internet protocols, which send to Microsoft (or its suppliers or
service providers) device information, such as your Internet protocol address, the type of operating
system, browser and name and version of the software you are using, and the language code of the
device where the software is installed. Microsoft uses this information to make the Internet-based
features available to you, in accordance with the Windows 8 Privacy Statement, at
go.microsoft.com/fwlink/?LinkId=190175. Some Internet-based features may be delivered at a later
date via Microsoft's Windows Update service—if, for example, you acquire an application that relies on
one of those services. ndd Medizintechnik AG may have elected to turn on one or more of the following
features in the licensed device.
a. Windows Update. If you use the Windows Update service in the software, updates or downloads to
the Windows Update service will be required for proper functioning of the service, from time to time,
and will be downloaded and installed without further notice to you.
b. Windows Digital Rights Management technology. Some content owners use Windows digital rights