Windows Embedded 8.1 Handheld Terms of Use

Article
04/14/2014

4/14/2014

Windows Embedded Handheld 8.1 Terms of Use – United States

Thank you for choosing Windows Embedded Handheld! These Terms of Use (“TOU”) are an agreement between you and Microsoft Corporation (or, based on where you live, one of its affiliates as described in the MSA) that describes your rights to use your device and related obligations. If you live in the United States, these TOU contain a binding arbitration clause and class action waiver that will affect your rights as described in paragraph 1 below. You should review the entire TOU, including any linked and incorporated terms. All the terms are important and together create a legal agreement. By accepting the TOU, you agree to all the terms.

You are responsible for using your device in a safe and legal manner.

1. What terms cover use of my device?

These TOU supplement the Microsoft Services Agreement (“MSA”), which can be found at https://go.microsoft.com/fwlink/p/?LinkId=394745and is incorporated into these TOU. The MSA contains a binding arbitration clause and class action waiver that govern disputes between you and Microsoft if you are an individual living in the United States. These TOU and updates to them appear at https://go.microsoft.com/fwlink/p/?LinkId=317919. Where permitted by applicable law, Microsoft may make changes to the TOU as described in Section 1 of the MSA. Some or all features of your device may not work unless you accept the new TOU. If these TOU contain terms regarding a feature or service not available on your device, then those terms do not apply.

Your use of the Windows Embedded Handheld software and Windows Embedded Handheld apps (developed by or on behalf of Microsoft and pre-installed on your device), including updates, is governed by the Windows Embedded Handheld Software License Terms provided by the manufacturer of your device. If the manufacturer is Microsoft, your use of the software is governed by the software license terms in these TOU, including the software terms in the MSA.

Your use of Windows Phone Store, Xbox LIVE, Xbox Music and related software and services is subject to additional terms presented to you when you access these services. Unless other terms are displayed to you or presented in an app’s settings, you agree the services that you access from the Windows Embedded Handheld apps are governed by these TOU.

2. Privacy

Your privacy is important to us. The Windows Embedded Handheld Privacy Statement (available at https://go.microsoft.com/fwlink/p/?LinkId=317919), as well as the Privacy section in the MSA, describe how we use and protect your content and any information we collect from you or about you. By using the software and services or agreeing to these terms, you consent to Microsoft’s collection, processing, use and disclosure of your content and information as described in the privacy statements.

By selecting the option to automatically connect to Wi-Fi networks, your device (i) will connect to open Wi-Fi networks, (ii) will provide certain information to the Wi-Fi network as needed to complete your device’s connection to the Wi-Fi network, as described further in the Windows Embedded Handheld Privacy Statement (available at https://go.microsoft.com/fwlink/p/?LinkId=317919); and (iii) will indicate your acceptance of any terms of use applicable to the use of Wi-Fi networks. You may turn this feature off at any time. Here are the details:

a.When you select this option, your device will be configured to automatically connect to open Wi-Fi networks. Because these networks are open, your actions on a network could be observed by other users of the network. We recommend you take precautions if using an open network to perform activities you want to keep confidential. You may disconnect from a Wi-Fi network at any time through the Wi-Fi settings on your device. Microsoft is not responsible for any Wi-Fi networks.

b.Some Wi-Fi networks require you to accept certain terms of use (“Network Terms”) before you can connect and use them. The Network Terms for each Wi-Fi network may impose different obligations, risks and liabilities on you, as determined by the Wi-Fi network’s owner. When you choose to automatically connect to Wi-Fi, your device will, ON YOUR BEHALF, automatically accept the Network Terms OF ANY WI-FI NETWORK TO WHICH IT CONNECTS, WITHOUT PRESENTING THE NETWORK TERMS TO YOU OR OTHERWISE PROMPTING OR NOTIFYING YOU. Microsoft does not review these Network Terms, and once YOU automatically accept THE NETWORK TERMS through THE AUTOMATIC CONNECTION FEATURE, you are responsible for complying with the NETWORK TERMS. BY USING THIS FEATURE TO AUTOMATICALLY ACCEPT NETWORK TERMS ON YOUR BEHALF, YOU AGREE THAT YOU (AND NOT MICROSOFT) AGREED TO THE NETWORK TERMS AND YOUR USE OF THE WI-FI NETWORK IS GOVERNED BY THE NETWORK TERMS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE TO ASSUME ALL RISK AND LIABILITY ARISING FROM YOUR AUTOMATIC ACCEPTANCE OF THE NETWORK TERMS AND YOUR USE OF THESE WI-FI NETWORKS, AND THAT MICROSOFT IS NOT RESPONSIBLE FOR ANY ISSUES ARISING OUT OF YOUR USE OF THEM. You can turn this portion of the feature off in Wi-Fi Sense settings so that Network Terms are not automatically accepted.

c.Some Wi-Fi networks request personal information such as your name, phone number and email before you can connect. Certain local laws or Network Terms may require that the information sent in response to such a request is accurate. You can provide and update this personal information at any time in your device’s Wi-Fi Sense settings. If you choose to provide your personal information in Wi-Fi Sense settings, you understand and agree that based on this one-time input from you, your device may automatically, repeatedly, and without further prompt or notice to you, provide that personal information to any Wi-Fi network requesting that personal information. Until you provide your own personal information in Wi-Fi Sense settings, your device will automatically respond to requests from Wi-Fi networks with generic, non-personal information (such as “name,” in response to a request for a name) without any further prompt or other notice to you.

If you fail to update your Wi-Fi Sense settings with accurate personal information about you, the automatic responses to Wi-Fi network requests with generic, non-personal information may not fulfill your obligations under either applicable local law or the applicable Network Terms automatically accepted on your behalf. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU ASSUME ALL RISK AND LIABILITY ARISING FROM enabling the Automatic Connection feature but failing to provide your own accurate personal information in your Wi-Fi Sense settings.

You also understand and agree that under Network Terms automatically accepted on your behalf, a network owner or another third party may have a right to use your personal information for any purposes such as (1) advertising or similar purposes, (2) contacting you, (3) combining the personal information with other information about you, (4) inferring your geographic location, (5) other commercial or non-commercial purposes, and (6) selling or otherwise providing the personal information to unidentified other parties, who may use it for any purpose. It is also possible that a network owner may use your personal information in a manner that is inconsistent with the network owner’s obligations under applicable Network Terms. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE TO ASSUME ALL RISK AND LIABILITY ARISING FROM YOUR PROVIDING YOUR PERSONAL INFORMATION TO WI-FI NETWORKS USING WI-FI SENSE.

d.By choosing to automatically connect to Wi-Fi, you may not see or have access to content on a Wi-Fi network portal (e.g. advertisements, location or venue information, etc.).

3. Would you like to simplify how you connect to Wi-Fi networks? Check out Wi-Fi Sense.

Wi-Fi Sense, if available in your region, is a feature that automatically connects your device to Wi-Fi networks. Wi-Fi Sense has two key parts as described in detail below (you can choose to use one or both features): (i) automatic connection, and (ii) network access sharing.

3.1Automatic Connection. By selecting the option to automatically connect to Wi-Fi networks, your device (i) will connect to open Wi-Fi networks, (ii) will provide certain information to the Wi-Fi network as needed to complete your device’s connection to the Wi-Fi network, as described further in the Windows Embedded Handheld Privacy Statement (available at https://go.microsoft.com/fwlink/p/?LinkId=317919); and (iii) will indicate your acceptance of any terms of use applicable to the use of Wi-Fi networks. You may turn this feature off at any time. Here are the details:

d.By choosing to automatically connect to Wi-Fi, you may not see or have access to content on a Wi-Fi network portal (e.g. advertisements, location or venue information, etc.).

3.2Network Access Sharing. By selecting the option to share Wi-Fi network access (e.g., network name and an encrypted password), you can share access to password-protected Wi-Fi networks with specific groups of your contacts. Your contacts will only be able to access the Internet (and not other computers or devices on your local network) through a Wi-Fi network to which they connect using network access information received through this feature. You can turn this feature off at any time. Here are the details:

a.When you connect to a password protected Wi-Fi network on your device by typing in a password, and if you elect to share that specific network with your contacts, your contacts who also use Wi-Fi Sense will be automatically connected to the Internet when they come within range of that network. By using this feature, you agree that (i) Wi-Fi Sense may send the Wi-Fi network passwords that you enter on your device to Microsoft in an encrypted form, and (ii) Microsoft may share an encrypted version of the password and other connection information to your contacts’ phones if they’re using Wi-Fi Sense to share Wi-Fi network access. You may select which groups of contacts to share with (e.g., Skype, and Outlook.com) but the sharing will work only with those individual contacts within the group who also opted into the network access sharing feature of Wi-Fi Sense.

b.YOU UNDERSTAND AND AGREE THAT For each Wi-Fi network you choose to share, you are responsible for VERIFYING you are permitted to do so by the Wi-Fi network owner and underlying Internet service provider (e.g., mobile operator, cable company, etc.) AND THAT YOU WILL ONLY SHARE Wi-FI NETWORKs FOR WHICH YOU HAVE THE PERMISSION OF THE NETWORK OWNER AND UNDERLYING INTERNET SERVICE PROVIDER TO DO SO. You also are responsible for complying with all terms applicable to use of the Wi-Fi network and underlying Internet service provider.

c.Once you share access to a particular Wi-Fi network, you may change your decision and no longer share access to the network in the Wi-Fi Sense settings on your device. If you remove a Wi-Fi network from sharing, it will take a few days for the Wi-Fi network access capability to be removed from your contacts’ devices. To immediately restrict access to a Wi-Fi network, the network owner can change the network password.

d.If any of your contacts also opted into the Wi-Fi Sense network access sharing feature, you automatically will be connected to the Internet using the Wi-Fi networks your contacts chose to share. To the maximum extent permitted by applicable law, Microsoft is not responsible for the use of any of these Wi-Fi networks. You may disconnect from a Wi-Fi network at any time through the Wi-Fi settings on your device. You are responsible for complying with the terms of any Wi-Fi networks your device connects to that were made available by your contacts, including those of the underlying Internet service provider.

e.TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU ASSUME ALL LIABILITY ARISING FROM YOUR USE AND ACCESS OF A WI-FI NETWORK THROUGH THIS FEATURE. YOU ALSO ASSUME, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ALL RISK AND LIABLITY CAUSED BY SHARING A NETWORK WITHOUT THE PERMISSION OF THE NETWORK OWNER OR UNDERLYING INTERNET SERVICE PROVIDER.

4. Here’s a way to track your data usage.

Data Sense helps you understand how much data you use on your device and finds more efficient ways to use cellular data based on data plan information you or your network operator provide us. Some network operators may provide some of the Data Sense settings and data usage information. When not provided by your network operator, our data usage calculation may be different than your network operator's data usage measurement. We do not guarantee that your use of Data Sense will prevent you from exceeding your data limits. Data Sense can help you save data usage by reducing the size of webpage content that is downloaded to your device. In high savings mode, some webpage content may not be downloaded. You can choose to override high savings mode to see the full content of a specific webpage. You are responsible for knowing, understanding and complying with the terms of your data plan. We will not reimburse you for any charges incurred from exceeding your plan’s data limits or expiration of your purchased data plan.

5. What if I connect my device to my employer’s network?

If you connect your device to an account on a network managed by an administrator such as at work, the network administrator can modify or disable features or apps on your device. For example, the network administrator can (i) remove your access to personal accounts such as email and social networks; (ii) prevent you from using or installing certain apps, including apps you may have purchased; (iii) remotely delete all your content and settings including content on an SD Card; (iv) prevent you from resetting your device back to factory settings; and (v) prevent you from removing the account from your device. Additionally, the network administrator can install software, certificates and profiles on your device, and can obtain information from your device (including personal information). You should check with your network administrator to see which policies will apply to your device.

6. How do I save my device settings?

You can save certain settings and data online with Microsoft. If you enable online backup of your settings and data, then, the next time you set up a Windows Embedded Handheld-powered device, you can choose to restore the settings and data to quickly configure your new device and automatically download apps. Not all items from your device may be restored such as certain media and settings specific to a manufacturer or network operator.

7. Uploading my photos and videos to the cloud.

You can choose to automatically upload your photos and videos to OneDrive (formerly SkyDrive) to make them accessible from your other devices or share them with friends. If you choose to enable automatic cloud storage when you first set up your device, medium resolution photos are uploaded by default. You can change this to store full resolution photos and videos in your Settings. If you have reached your cloud space limitation, new content may not upload and you may need to delete existing files or purchase additional cloud storage before you can upload new content. You can find information about your cloud space limitation and how to purchase additional cloud storage by signing in to your MS Account at http://www.live.com.

8. Is my child able to create a Microsoft account?

Depending on your country or region, if a child creates a Microsoft account from a device, the child account must be linked online to a parent account before it can be used. You can link a parent account to a child account by going to http://account.live.com. Where required, if a parent account is not linked to a child account within 14 days, the child account will be terminated and you will need to reset the device to create a new Microsoft account. We recommend that you back up any contacts, photos and other data on the device before resetting as resetting will delete any data stored on the device.

What is the Wallet feature?

The Wallet is a hub that allows you to find, collect, and use cards, such as tickets, boarding passes, membership cards, coupons, and payment instruments. For example, the Wallet allows you to (a) save cards from apps and the web for reference and for use at some locations, (b) enter Microsoft gift cards to store on the device and online at https://billing.microsoft.com; and (c) view payment methods available from https://billing.microsoft.com. Payment instruments associated with your Microsoft account will appear in your Wallet. In your Wallet settings, you can require a PIN for Wallet access or app purchases.

Unless expressly identified as an issuer, Microsoft is not an issuer of any payment method, transit card, loyalty card or other items that may be stored in the Wallet. Except when using items in the Wallet to transact directly with Microsoft as a merchant (for example, purchasing apps or games), using items in your Wallet to purchase goods and services, redeem offers, or conduct other transactions between you and the applicable merchant and all payment processing is handled by the merchant and payment card processor, not Microsoft.

If you lose your device or have any other issues with a payment card, loyalty card, offer or other transaction or interaction with an item in the Wallet, please contact the provider of the item for customer support (for example, contact the issuing bank for a payment card stored in the Wallet).

These terms do not amend or otherwise modify your agreements with the issuers of your payment cards, loyalty cards, offers or other Wallet items. You are responsible for ensuring your use of the Wallet complies with those agreements and you are responsible for all charges, debits and redemptions of offers.

10. Does my device have voice enabled services? What is Cortana?

Yes. If you use a feature that is voice enabled, including Cortana, you consent to Microsoft recording and collecting your voice input. The voice input will be used as described in the Windows Embedded Handheld Privacy Statement.

10.1**What is Cortana?**Cortana is a voice-enabled personal assistant feature that helps you complete tasks and provides you with reminders, search results, suggestions, alerts, and more. Cortana can also help you manage your communications. You can interact with Cortana conversationally, using everyday language. Cortana may not be available in all languages or regions and features may vary by region. If Cortana is offered in your region, you agree to the terms relating to Cortana features as described in these TOU.

a.Suggestions and Other Information: When you enable Cortana, the feature may provide you with information, such as suggestions, alerts, reminders or other information about traffic, weather, flights, packages, apps, news, points of interests, recipes, and more. Cortana provides this information for your planning purposes only and you should exercise your own independent judgment when reviewing this information. Microsoft does not guarantee the accuracy, completeness, reliability, availability or timeliness of the suggestions, alerts, reminders or any other information provided by Cortana.

b.Personalization: When you enable Cortana, the feature adapts to you by developing and using personalization factors reflecting what matters to you most. These personalization factors might reflect numerous aspects of you, including interests and preferences, important people (like family) and your nicknames for them, locations like your home, and your schedule. Here are some details:

•You can manage what factors are used. Cortana will typically ask your permission before using a particular personalization factor. Also, at any time you can adjust certain personalization factors Cortana uses in the Cortana settings.

•Cortana develops personalization factors and otherwise adapts to you by analyzing information about you, such as your answers to questions; settings; search histories; location; voice input; content; communications such as calls, emails and texts; schedule; contacts; data; apps usage; internet browsing history; information from other Microsoft applications and services; information from third-party services such as Facebook; and other activities. By enabling Cortana, you agree Microsoft has permission to collect and use such information about you to provide and improve the Cortana feature and to operate, improve and personalize other Microsoft products and services. Please see the Windows Windows Embedded Handheld Privacy Statementfor more information.

•To personalize your experiences across the family of Microsoft products and services, some of the personalization factors used by Cortana may also influence the behavior of other products or services that use your Microsoft Account, such as Bing and the Windows Store. For example, the personalization factors used by Cortana may affect what information is displayed on your Bing homepage on your desktop browser. Personalization factors or other information about you developed by other Microsoft products or services, including information from your Microsoft Account, may also be used by Cortana.

•Like a real-world personal assistant, sometimes Cortana may (i) draw an inaccurate conclusion about what is important to you, (ii) infer information that accurately reflects you but that you are uncomfortable sharing with others, or (iii) remember some information about you that is no longer true or relevant today. Microsoft does not guarantee the accuracy, completeness, reliability, availability or timeliness of inferences and personalized experiences provided by Cortana.

c.Communication Management: Cortana communication management features help you manage your incoming calls, text messages, and other communications as well as ringers, notifications, and other communication settings. Here are some details about what happens if you decide to turn on the communication management features of Cortana:

•You can adjust the communication management features via Cortana’s Notebook.

•Some communications may be delayed, redirected, or intercepted by Cortana or notifications indicating an incoming communication may be delayed or omitted altogether. Microsoft is not responsible if a Cortana communication management feature delays or prevents you from reviewing or sending a communication.

•You grant permission for Cortana to collect your current availability, and share it with other people you have selected, such as your spouse or children

•You grant permission for Cortana to communicate with others on your behalf automatically without your further intervention via text message. You agree that you, and not Microsoft, are responsible for any charges associated with automatically sending or receiving communications, including messaging and data charges, and that we will not reimburse you for any charges incurred. You also agree that you have the permission of any third parties (such as your contacts or callers) to send them automated text messages.

11. Cookies

If you choose to use online features, cookies may be set. To learn how to block, control and delete cookies, please read the cookies section of the Windows Embedded Hanhheld Privacy Statement at Windows Embedded Handheld Privacy Statement.

12. What is SmartScreen Filter?

The SmartScreen Filter on your device will check the addresses of webpages and downloads you attempt to view against a frequently updated list of webpages and downloads that have been reported to Microsoft as unsafe or suspicious. More information can be found by visiting the Internet Explorer Privacy Statement at https://go.microsoft.com/fwlink/p/?linkid=280122. You may not, either manually or by enabling or authorizing any software or service, copy, display, distribute, collect or store any data provided by the SmartScreen Filter.

13. Data Usage and Network Operator Agreement

13.1Data Charges: Some features on your device use cellular networks as a default method of connecting to and using features and services. You may incur charges related to Internet access, data transfer (e.g., uploading photos) and other services per the terms of the data plan and any other agreements you have with your network operator related to your device. To turn cellular data on and off, go to Settings > cellular data.

13.2Network Operator Charges. You are responsible for complying with your agreement with your network operator, including payment of any network operator charges.

14. What if I do not have an agreement with a network operator?

All or certain portions of the software and services made available on your device may be inoperable if you do not have and maintain a service account with a network operator, or if the network operator’s network is not configured to operate with your device.

15. How may I use the software on my device?

If Microsoft manufactured your device, we grant you certain rights described in this section. We do not sell our software or your copy of it to you – we only license it. These TOU only give you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights, you may use the software only as expressly permitted in these TOU.

Under our license, we grant you the right to run that one copy of the software on one device, for use by one person at a time, but only if you comply with all the terms of these TOU.

You are required to comply with any technical limitations in the software that allow you to use it only in certain ways. You may not:

work around any technical limitations in the software;
reverse engineer, decompile or disassemble the software;
make more copies of the software than specified in these terms;
publish the software for others to copy;
rent, lease or lend the software; or
use the software for commercial software hosting services.

16. How is the software updated on my device?

Your device periodically checks for software updates for the operating system and apps. By accepting these TOU, you agree that these software updates may be automatically downloaded and installed on your device. During installation of operating system updates, you may not be able to use your device. In certain cases, installation of an update may be required before you can use or continue to use all or certain features of the device or services. After an update, some features, services or peripherals may work differently or stop working.

You may only obtain updates to the software from Microsoft or authorized sources.

The license for the original software governs the updated software. If the update is accompanied by license terms, then those terms apply.

17. May I use the software from my device on another device?

No, you may use the software only on the device on which it was originally installed; certain app license terms may give you additional rights for those apps. Local law may provide you additional rights.

What happens if I give away or sell my device to another person?

You may make a one-time transfer of your rights to the software to another party in connection with your transfer of ownership of your device if you restore your device to the factory settings. You can do this by going to Settings>about and tap reset my phone. You may not retain any copies of the software.

19. How does digital rights management work?

If you access content protected with digital rights management (DRM), the DRM software may automatically request media use rights from an online server and download and install DRM updates so that you can play the content on your device. If the DRM technology is compromised, content owners may require Microsoft to disable the ability to play any DRM-protected content on your device.

20. Product Validation

Product validation associates the use of the software with a specific device. Because product validation is meant to identify unauthorized changes to the software and prevent unlicensed use of the software, you may not bypass or circumvent product validation.

21. Does my device use any third party services?

Some of the mapping features and services may be provided by Nokia. For example, maps and traffic information may be retrieved from Nokia online services and you may be able to download maps from a Nokia service in the maps settings menu. As part of delivering these services, Nokia may collect certain information about your device and use of the services to provide and improve Nokia products. By using the mapping features and services provided by Nokia, you agree to the Nokia Service Terms (available at http://nokia.mobi/privacy/services/terms/nokia-service) as applicable to the mapping features and services and Privacy Policy (http://nokia.mobi/privacy/policy).

22. Are there other terms that apply to my use of my device?

Additional contract terms may also govern your installation and use of other software or services offered for use with your device, including those provided by Microsoft, the manufacturer or your network operator. Standard Application License Terms at https://go.microsoft.com/fwlink/p/?LinkId=396523govern any preinstalled apps that are not Windows Embedded Handheld apps, unless other terms are provided with the apps, in which case those other terms will apply to the corresponding apps. The software on your device also includes third party software as described here: https://go.microsoft.com/fwlink/p/?LinkId=317926.

23. NOTICES ABOUT THE AVC/H.264, VC-1, and MPEG-4 VISUAL STANDARDs.

Your device may include H.264/MPEG-4 AVC and/or VC-1 decoding technology. Please see the MSAfor the notice required by MPEG LA, L.L.C.

24. Where do I go for support for my device?

For questions about how to use and operate your device, go to https://go.microsoft.com/fwlink/p/?LinkId=394617. For additional information, you should contact the place where you purchased your device.

25. Are there any export restrictions on my device?

Yes, Microsoft’s software and services are subject to United States and other jurisdictions’ export and technology laws and you agree to comply with all such applicable laws and regulations that apply to the software and/or services. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.

26. NO WARRANTIES

The Windows EMBEDDED HANDHELD software on your device (including Windows Phone apps) is licensed “as is.” To the maximum extent permitted by applicable law, you bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions for your device or the software on it unless applicable law requires otherwise. You may have additional consumer rights or statutory guarantees under local laws that these TOU cannot change. To the extent permitted under your local laws, Microsoft excludes all warranties and conditions implied by local laws, including the implied warranties of merchantability, quality, fitness for a particular purpose and non-infringement. Check with your device manufacturer to determine if your device is covered by a wARRANTY.

27. LIABILITY LIMITATIONS.

Except for any refund you may receive for the device, and to the maximum extent permitted by applicable law, you cannot recover any other damages, including direct, consequential, lost profits, special, indirect or incidental damages.

This limitation applies to:

anything related to the software, services, corruption or loss of data, failure to transmit or receive data, content (including code) on third party Internet sites or third party programs, and
claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort regarding the device, software and services.

It also applies even if

repair, replacement or a refund for the software does not fully compensate you for any losses; or
Microsoft knew or should have known about the possibility of the damages.

Some states, countries or other territories do not allow the exclusion or limitation of incidental or consequential damages, so some portions of the above limitation or exclusion may not apply to you.