Does Microsoft provide any other warranties beyond those expressly identified in the agreement for Even Hotels?
Even_Hotels Franchise · 2025 FDDAnswer from 2025 FDD Document
erse 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 provided "as-is," without any warranties. You acknowledge that the provisions of this paragraph with regard to pre-release and beta products are reasonable having regard to, among other things, the fact that they are provided prior to commercial release so as to give you the opportunity (earlier than you would otherwise have) to assess their suitability for your business, and without full and complete testing by Microsoft.
- NO OTHER WARRANTIES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT DISCLAIMS AND EXCLUDES ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, OTHER THAN THOSE IDENTIFIED EXPRESSLY IN THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO 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 YOU BY MICROSOFT UNLESS SUCH THIRD PARTY PRODUCTS ARE PROVIDED UNDER WRITTEN AGREEMENT BETWEEN YOU AND MICROSOFT, AND THEN ONLY TO THE EXTENT EXPRESSLY PROVIDED IN SUCH AGREEMENT.
- e) Limitation of liability. There may be situations in which you have a right to claim damages or payment from Microsoft.
Source: Item 23 — RECEIPTS (FDD pages 99–438)
What This Means (2025 FDD)
According to Even Hotels' 2025 Franchise Disclosure Document, Microsoft generally disclaims all other warranties beyond those expressly stated in the agreement. To the extent permitted by law, Microsoft excludes all representations, warranties, and conditions, whether express, implied, or statutory, that are not specifically identified in the agreement. This includes, but is not limited to, warranties or conditions of title, non-infringement, satisfactory quality, merchantability, and fitness for a particular purpose, concerning the products and related materials provided to Even Hotels franchisees.
Microsoft's disclaimer extends to products provided by third-party vendors, developers, or consultants identified or referred to the franchisee by Microsoft, unless those products are covered by a written agreement directly between the franchisee and Microsoft. In such cases, liability is limited to the extent expressly provided in that separate agreement. This means that Even Hotels franchisees should carefully review any third-party agreements to understand the scope of Microsoft's liability and any potential recourse in case of product defects or failures.
For commercial products, Microsoft warrants that each version will perform substantially according to its user documentation for one year from the date the franchisee first runs a copy. If a product fails to meet this warranty and the franchisee notifies Microsoft within the warranty period, Microsoft may either return the price paid or repair/replace the product, at its option. However, this warranty does not apply to components that the franchisee can redistribute or if the product failure results from accident, abuse, or misapplication. For free and beta products, Microsoft provides them "as-is" without any warranties to the maximum extent permitted by law.
Microsoft's liability is generally limited to direct damages up to the amount the franchisee paid for the product that caused the claim. However, this limitation does not apply to Microsoft's obligations regarding third-party patent or copyright infringement claims. In the case of free products or code that the franchisee is authorized to redistribute, Microsoft's total liability is capped at US$5,000 or its equivalent in local currency. Therefore, Even Hotels franchisees need to be aware of these limitations and disclaimers when using Microsoft products and should consider them when assessing the risks and benefits of using the software.