Terms of Use Question

So, I was looking through the Terms of Use page again and came across the section entitled "SOFTWARE AND CONTENT AVAILABLE ON THE XBOX.COM WEB SITE" about 3/4 of the way down the page. My question is, are they referring to digital games in this section
by "software" or "content?"

It reads, "For any Software not accompanied by a license agreement,
Microsoft Corporation hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular Xbox.com Web Site in accordance with these Terms of Use, and for no other
purpose provided that you keep intact all copyright and other proprietary notices."

Xbox.com Terms of Use and Notices

However, in the Microsoft Services Agreement (Microsoft Services Agreement) it says, "For applications you download from the Xbox Store, you may
install and use the application on Xbox consoles as described in the Xbox Live Usage Rules" under the STANDARD APPLICATION LICENSE TERMS.

The usage rules state, "You'll get a device license and a user license to every game you download from the Xbox Store."



There appears to be an inconsistency here because one page says that players are granted only one license, while the other says there are two licenses, and so I was hoping someone would clarify this for me. Thank you!

:)

 

Terms Of Use/License question

Can the home lisence for your xbox 360 game (the one that allows anyone to play on ur console) and your traveling lisence for that same game(the one where u must be logged in). be acitve the same time? eg; My wife and i play COD and i buy a digital Download
of MW3 for us to play. Can i go by a friends house and play COD and stay connected to xbox live. while she plays at home on her own Gamertag since she has the home lisence on my xbox? is this considered game sharing and is againt the TOU?

 

Terms Of Use/License question

Hello,

This is possible to do, and it's not against the terms of service. What would be considered a violation is if you were going to be license transferring content to share with friends. That would be something that would not be allowed. What you're suggesting
is perfectly viable and a lot of couples do this.

 

It's because it depends on the content and the licensing restrictions on the content. So they're referring to 2 different things.

"For any Software not accompanied by a license agreement, Microsoft Corporation hereby grants to you, the user, a revocable personal, non-transferable license to..."

"You'll get a device license and a user license to every
game you download from the Xbox Store."

Most games usually come with an agreement that they can be shareable, which is the point of having a device license and a user license. Other content (like videos, some DLC, etc.) don't have the same licensing rules as games so you would only receive 1 license
for them.

 

Thanks for clarifying that for me!

 

I do have one more addendum with this, though. In the same section in the Terms of Use it says,

"Your use of the Software is governed by the terms of the
end user license agreement, if any, which accompanies or is included with the Software ("License Agreement").
You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

This statement is technically impossible to abide by, as players must download, install, and launch the digital game in question before they are prompted to agree to to the EULA, so I'm unsure as to why this is written here.

 

Actually you agree to the terms and soon as you confirm the purchase

 

Understood, thanks. I suppose I didn't realize that also included the end user license agreement.