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Change history for Microsoft Publisher Agreement version 8.0 – May 2022 update

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We have updated the Microsoft Publisher Agreement to clarify our respective tax obligations, remove outdated terms, and make the Agreement easier to read. Many of these changes offer you more favorable terms. Where changes don’t substantively affect either your or Microsoft’s rights or obligations, we haven’t listed them below.

To review all updates in the May 2022 update of the agreement, read the full Microsoft Publisher Agreement. To review the previous version of the agreement, see Microsoft Publisher Agreement version 8.0 October 2021 update.

Changes to document version 8.0 – May 2022

The following sections of the Agreement were updated in document version 8.0-May 2022 Update.

Section 5 ADDITIONAL TERMS APPLICABLE TO TRANSACTABLE OFFERS

We revised these terms to clarify our respective tax obligations:

  • Section 5(a)(ii) Appointment of Microsoft: We updated the address for the entities that handle local tax collection requirements in Australia.

  • Section 5(i) Taxes on Offer Transactions: We clarified that you are responsible for calculating, collecting, and remitting any applicable taxes if you use a third-party payment processor for transactions within your Offer. We also clarified that tax obligations can arise at a jurisdiction level in addition to a country level.

Section 6 DISCLAIMER, LIMITATION OF LIABILITY, AND DEFENSE OF CLAIMS

We revised these terms to reduce the number of warranties you are giving:

  • Section 6(e). We removed a representation and warranty to avoid ambiguity over third party payment obligations that may result from the Agreement.

Section 9 DISCLAIMER, LIMITATION OF LIABILITY, AND DEFENSE OF CLAIMS

We revised this section for clarity and to make the terms more favorable to you.

  • Section 9(d) Indemnity: We clarified that you do not have an indemnification obligation for third-party claims, if such claims arise from our obligation to collect and remit such taxes under law.

ADDENDA

  • Addendum B: TERMS AND CONDITIONS APPLICABLE TO USING INDIRECT CHANNELS AND OFFERS AVAILABLE IN RESELLER COUNTRIES AND REGIONS

    • We clarified some ambiguity in section references.

  • Addendum C: TERMS AND CONDITIONS APPLICABLE TO OFFICE STORE AND MICROSOFT 365 CERTIFICATION PROGRAM

    • We removed the terms about the Office Store (the entirety of the prior Section A) because they are no longer applicable as all Office Offers are published to AppSource and subject to the general terms of the Publisher Agreement.

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