1016    Windows Product Disclaimers / Notices

All notices required under this AT must be provided in a clear and conspicuous manner to End Users before they acquire the Product. For example, Company may provide the notice in advertisements, Web sites, packaging, and point of purchase materials. Company may modify the notices below and substitute a different URL if the modified statement and the Web pages to which the URL links provide disclosures that conform to the requirements of this AT. All notices required under this AT must at a minimum be in the language of the Windows operating system that is pre-installed on the Customer System.

In addition to the specific notices set forth in this AT, Company must Distribute Customer Systems with all other consumer disclosures and notices required under applicable laws. Microsoft may require that Company provide to its End Users such additional notices as Microsoft deems reasonably necessary. If Microsoft determines that any such additional End User notice is necessary, Company will provide the notice to End Users within a commercially reasonable time after Microsoft informs Company of the requirement, unless Microsoft otherwise specifies the time by which the notice must be provided.

1.  Windows Products – Generally Applicable

1.1 License and Warranty.  A Customer System preinstalled with any Microsoft Product must include the following software license and warranty language:

"You must accept the enclosed software License and Warranty Terms (microsoft.com/useterms)."

1.2 System Requirements

(a)  A Customers System preinstalled with Windows must include the following:

“High-speed internet and Microsoft account may be required for updates and some features (set-up may require significant download); ISP fees apply.”

(b)  A Customer System that does not include hardware components required to support all the features of the edition of the Windows Products installed on the device, or does not meet the Windows certification requirements, must include notice of the fact that advanced hardware may be required to take advantage of the advanced features of the Windows Products. Company must use the following or substantially similar notice.

“Some [insert Product edition name] features require camera, microphone, speakers and/or advanced hardware. Check oem.com/pagename for details.”

1.4 Single Language Editions.  A Customer System preinstalled with any Windows Home Product with the words “Single Language” in the Product name must include notice of the fact. Company must use the following or substantially similar notice, as applicable. 

“This computer is preinstalled with Windows [insert Product edition name] Home Single Language.”

1.5 Distribution to Iran.  For Windows Products Distributed into Iran, Company must provide to End Users, and cause its Channel Partners to provide to End Users, as applicable, the following or substantially similar notice. 

“Some features and functionality of Windows that are dependent on electronic transactions may not be supported in Iran.  Examples include, but are not limited to, apps & games and Xbox Music & Video purchases available in the Microsoft Store.”

Company agrees that it will not market or advertise, and will cause its Channel Partners not to market or advertise, any features or functionality that are unavailable in Iran, including apps & games (and any preinstalled apps that cannot be updated or reinstalled) and Xbox music & video purchases available in the Microsoft Store.

1.6 Cortana.  Company agrees that it will not market or advertise and will cause its Channel Partners not to market or advertise, Cortana in countries where the service is unavailable and with devices that do not support Cortana functionality.  Cortana will be available in the United States, the United Kingdom, Australia, Brazil, Canada, China, France, India, Italy, Germany, Japan, Mexico, and Spain. When marketing where Cortana is available, add: 

“Cortana available in select countries, experience may vary by device.”

1.7 Skype Translator.  A Customer System preinstalled with a Windows Product that is marketed and Distributed with the Skype translator feature must include notice that this is not available in all languages.  Company must use the following or substantially similar notice:

“Skype Translator requires Skype for Windows Desktop. See https://support.skype.com/en/faq/FA34543/what-languages-are-available-in-skype-translator for supported languages.”

1.8 Windows in S Mode

(a)  Notice.  A Customer System preinstalled and Distributed with any device running Windows in S mode Product must include the following or a substantially similar notice:

“Windows in S mode works exclusively with Microsoft-verified apps found in the Microsoft Store within Windows and accessories that are compatible with Windows in S mode. A one-way switch out of S mode is available.  Learn more at Windows.com/SmodeFAQ.”

(b)  Packaging requirements.  The disclosure must be clear and conspicuous.  Place the packaging disclosure directly above or immediately following the Windows in S mode logo as it appears on your device packaging.  Include the disclosure in a font size and style that are prominent and relative in prominence to other copy on packaging. 

            Example:

            FOO Laptop Name

            FOO Processor

            256GB / 8GB RAM

            Model 1234

            Windows [insert Product edition name] in S Mode

2. Windows 10 Products -- Additional Notice Requirements

2.1 A Customer System preinstalled with Windows 10 must disclose the storage capacity of a Windows device. Company must use the following or substantially similar notice:

“The operating system software and updates use significant storage space; user's storage capacity will be less. For additional information see https://www.microsoft.com/en-us/windows/windows-10-specifications.”  

This information should appear contiguous and equivalently prominent to any reference to the storage capacity of the device.

2.2 Any Customer System preinstalled with a Windows 10 Product that is Distributed with a DirectX 9 class Graphics Processor Unit (GPU) must include notice of that fact and that some advanced games and programs may need a DX10/11/12 or higher GPU for superior performance and graphics. Company must use the following or substantially similar notice. This includes Windows 10 Pro systems downgraded to Windows 8.1 Pro:

“Graphics processor supports DirectX® 9. Some games and programs may require DirectX 10/11/12 or higher for superior performance and graphics. For additional information see: https://www.microsoft.com/en-us/windows/windows-10-specifications.”

2.3 A Customer System preinstalled with a Windows 10 Product must include notice of the fact that the system will be automatically updated and that automatic updates cannot be disabled. Company must use the following or substantially similar notice, as applicable:

“Windows 10 is automatically updated, which is always enabled. ISP fees may apply. Additional storage and/or hardware requirements may apply over time for updates. See https://www.microsoft.com/en-us/windows/windows-10-specifications for more details.“

3. New Windows Products -- Additional Notice Requirements

3.1 A Customer System preinstalled with New Windows must disclose the storage capacity of a Windows device. Company must use the following or substantially similar notice:

“The operating system software and updates use significant storage space; user's storage capacity will be less. For additional information see https://www.microsoft.com/en-us/windows/[new product name] specifications.

This information should appear contiguous and equivalently prominent to any reference to the storage capacity of the device.

3.2 A Customer System preinstalled with a New Windows Product must include notice of the fact that the system will be automatically updated and that automatic updates cannot be disabled. Company must use the following or substantially similar notice, as applicable:

“New Windows is automatically updated, which is always enabled. ISP fees may apply. Additional storage and/or hardware requirements may apply over time for updates. See https://www.microsoft.com/en-us/windows/[new product name] specifications. for more details.“