What is the extent of Microsoft's liability to Even Hotels franchisees?
Even_Hotels Franchise · 2025 FDDAnswer from 2025 FDD Document
ey relate to your obligations; and you agree to be bound by such terms and conditions, as well as to the following provisions:
- a) Restrictions on use. You may not:
- i. Separate the components of a product made up of multiple components by running them on different computers, by upgrading or downgrading them at different times, or by transferring them separately, except as otherwise provided in the product use rights;
- ii. Rent, lease, lend or host products, except where Microsoft agrees by separate agreement;
- iii. Reverse engineer, de-compile or disassemble products or fixes, except to the extent expressly permitted by applicable law despite this limitation; Products, fixes and service deliverables licensed under this agreement (including any license or services agreement incorporating these terms) are subject to U.S. export jurisdiction. You must comply with all domestic and international export laws and regulations that apply to the products, fixes and service deliverables. Such laws include restrictions on destinations, enduser, and end-use for additional information, see http://www.microsoft.com/exporting/.
- b) Limited product warranty. Microsoft warrants that each version of a commercial product will perform substantially in accordance with its user documentation. This warranty is valid for a period of one year from the date you first run a copy of the version. To the maximum extent permitted by law, any warranties imposed by law concerning the products are limited to the same extent and the same one year period. This warranty does not apply to components of products which you are permitted to redistribute under applicable product use rights, or if failure of the product has resulted from accident, abuse or misapplication. If you notify Microsoft within the warranty period that a product does not meet this warranty, then Microsoft will, at its option, either (1) return the price paid for the product or (2) repair or replace the product. To the maximum extent permitted by law, this is your exclusive remedy for any failure of any commercial product to function as described in this paragraph.
- Free and beta products. To the maximum extent permitted by law, free and beta products, if any, are provide
Source: Item 23 — RECEIPTS (FDD pages 99–438)
What This Means (2025 FDD)
According to Even Hotels' 2025 Franchise Disclosure Document, Microsoft's liability to Even Hotels franchisees is limited in certain situations. For free products or code that the franchisee is authorized to redistribute without separate payment to Microsoft, Microsoft's total liability will not exceed US$5,000, or its equivalent in local currency.
To the maximum extent permitted by law, Microsoft disclaims and excludes all representations, warranties, and conditions, whether express, implied, or statutory, other than those identified expressly in the agreement. This includes warranties or conditions of title, non-infringement, satisfactory quality, merchantability, and fitness for a particular purpose, with respect to the products and related materials. Microsoft will not be liable for any products provided by third-party vendors, developers, or consultants identified or referred to the franchisee by Microsoft unless such third-party products are provided under written agreement between the franchisee and Microsoft, and then only to the extent expressly provided in such agreement.
Except as otherwise specifically provided, whatever the legal basis for the claim, Microsoft's liability will be limited, to the maximum extent permitted by applicable law, to direct damages up to the amount the franchisee has paid for the product giving rise to the claim. However, in the case of Microsoft's responsibilities with respect to third-party patent or copyright infringement claims, Microsoft's obligation to defend such claims will not be subject to this limitation, but Microsoft's liability to pay damages awarded in any final adjudication (or settlement to which it consents) will be.