|
|
Acceptance of Terms
The services that Microsoft provides to you are subject to the following Terms of
Use ("TOU"). Microsoft reserves the right to update the TOU at any time without
notice to you. The most current version of the TOU can be reviewed by clicking on
the "Terms of Use" hypertext link located at the bottom of our Web pages.
Description of Services
Through its network of Web properties, Microsoft provides you with access to a variety
of resources, including developer tools, download areas, communication forums and
product information (collectively "Services"). The Services, including any updates,
enhancements, new features, and/or the addition of any new Web properties, are subject
to the TOU.
Personal and Non-commercial Use Limitation
Unless otherwise specified, the Services are for your personal and non-commercial
use. You may not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell any information,
software, products or services obtained from the Services.
Privacy and Protections of Personal Information
See the Privacy Statement disclosures relating to the collection and use of your
information.
Notice Specific to Software Available on This Web Site
Any software that is made available to download from the Services ("Software") is
the copyrighted work of Microsoft and/or its suppliers. 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"). An end user will be unable to
install any Software that is accompanied by or includes a License Agreement, unless
he or she first agrees to the License Agreement terms. The Software is made available
for download solely for use by end users according to the License Agreement. Any
reproduction or redistribution of the Software not in accordance with the License
Agreement is expressly prohibited by law, and may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER
SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED,
UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE
AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY
ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE
AGREEMENT, MICROSOFT CORPORATION HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. FOR YOUR CONVENIENCE, MICROSOFT MAY MAKE AVAILABLE AS PART OF
THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD.
MICROSOFT DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS
OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT
THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE
AVAILABLE ON THE SERVICES OR IN MICROSOFT SOFTWARE PRODUCTS.
Restricted Rights Legend
Any Software which is downloaded from the Services for or on behalf of the United
State s of America, its agencies and/or instrumentalities ("U.S. Government"), is
provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government
is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights
in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs
(c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR
52.227-19, as applicable. Manufacturer is Microsoft Corporation, One Microsoft Way,
Redmond, WA 98052-6399.
Notice Specific to Documents Available on This Web Site
Permission to use Documents (such as white papers, press releases, datasheets, and
FAQs) from the Services is granted, provided that (1) the below copyright notice
appears in all copies and that both the copyright notice and this permission notice
appear, (2) use of such Documents from the Services is for informational and non-commercial
or personal use only and will not be copied or posted on any network computer or
broadcast in any media, and (3) no modifications of any Documents are made. Accredited
educational institutions, such as K-12, universities, private/public colleges, and
state community colleges, may download and reproduce the Documents for distribution
in the classroom. Distribution outside the classroom requires express written permission.
Use for any other purpose is expressly prohibited by law, and may result in severe
civil and criminal penalties. Violators will be prosecuted to the maximum extent
possible. Documents specified above do not include the design or layout of the Microsoft.com
Web site or any other Microsoft owned, operated, licensed or controlled site. Elements
of Microsoft Web sites are protected by trade dress, trademark, unfair competition,
and other laws and may not be copied or imitated in whole or in part. No logo, graphic,
sound or image from any Microsoft Web site may be copied or retransmitted unless
expressly permitted by Microsoft.
MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY
OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS
PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING
ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL
MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA
OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE
FROM THE SERVICES. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES
COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN
AT ANY TIME.
Notices Regarding Software, Documents
and Services Available on This Web Site
IN NO EVENT SHALL MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS
OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS
ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE,
DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE
FROM THE SERVICES.
Member
Account, Password, and Security
If any of the Services requires you to open an account, you must complete the registration
process by providing us with current, complete and accurate information as prompted
by the applicable registration form. You also will choose a password and a user
name. You are entirely responsible for maintaining the confidentiality of your password
and account. Furthermore, you are entirely responsible for any and all activities
that occur under your account. You agree to notify Microsoft immediately of any
unauthorized use of your account or any other breach of security. Microsoft will
not be liable for any loss that you may incur as a result of someone else using
your password or account, either with or without your knowledge. However, you could
be held liable for losses incurred by Microsoft or another party due to someone
else using your account or password. You may not use anyone else's account at any
time, without the permission of the account holder.
No Unlawful or Prohibited Use
As a condition of your use of the Services, you will not use the Services for any
purpose that is unlawful or prohibited by these terms, conditions, and notices.
You may not use the Services in any manner that could damage, disable, overburden,
or impair any Microsoft server, or the network(s) connected to any Microsoft server,
or interfere with any other party's use and enjoyment of any Services. You may not
attempt to gain unauthorized access to any Services, other accounts, computer systems
or networks connected to any Microsoft server or to any of the Services, through
hacking, password mining or any other means. You may not obtain or attempt to obtain
any materials or information through any means not intentionally made available
through the Services.
Use of Services
The Services may contain e-mail services, bulletin board services, chat areas, news
groups, forums, communities, personal Web pages, calendars, photo albums, file cabinets
and/or other message or communication facilities designed to enable you to communicate
with others (each a "Communication Service" and collectively "Communication Services").
You agree to use the Communication Services only to post, send, and receive messages
and material that are proper and, when applicable, related to the particular Communication
Service. By way of example, and not as a limitation, you agree that when using the
Communication Services, you will not: Use the Communication Services in connection
with surveys, contests, pyramid schemes, chain letters, junk email, spamming or
any duplicative or unsolicited messages (commercial or otherwise). Defame, abuse,
harass, stalk, threaten or otherwise violate the legal rights (such as rights of
privacy and publicity) of others. Publish, post, upload, distribute or disseminate
any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name,
material or information. Upload, or otherwise make available, files that contain
images, photographs, software or other material protected by intellectual property
laws, including, by way of example, and not as limitation, copyright or trademark
laws (or by rights of privacy or publicity) unless you own or control the rights
thereto or have received all necessary consent to do the same. Use any material
or information, including images or photographs, which are made available through
the Services in any manner that infringes any copyright, trademark, patent, trade
secret, or other proprietary right of any party. Upload files that contain viruses,
Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar
software or programs that may damage the operation of another's computer or property
of another. Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Services specifically allows such messages. Download
any file posted by another user of a Communication Service that you know, or reasonably
should know, cannot be legally reproduced, displayed, performed, and/or distributed
in such manner. Falsify or delete any copyright management information, such as
author attributions, legal or other proper notices or proprietary designations or
labels of the origin or source of software or other material contained in a file
that is uploaded. Restrict or inhibit any other user from using and enjoying the
Communication Services. Violate any code of conduct or other guidelines which may
be applicable for any particular Communication Service. Harvest or otherwise collect
information about others, including e-mail addresses. Violate any applicable laws
or regulations. Create a false identity for the purpose of misleading others. Use,
download or otherwise copy, or provide (whether or not for a fee) to a person or
entity any directory of users of the Services or other user or usage information
or any portion thereof. Microsoft has no obligation to monitor the Communication
Services. However, Microsoft reserves the right to review materials posted to the
Communication Services and to remove any materials in its sole discretion. Microsoft
reserves the right to terminate your access to any or all of the Communication Services
at any time, without notice, for any reason whatsoever. Microsoft reserves the right
at all times to disclose any information as Microsoft deems necessary to satisfy
any applicable law, regulation, legal process or governmental request, or to edit,
refuse to post or to remove any information or materials, in whole or in part, in
Microsoft's sole discretion. Always use caution when giving out any personally identifiable
information about yourself or your children in any Communication Services. Microsoft
does not control or endorse the content, messages or information found in any Communication
Services and, therefore, Microsoft specifically disclaims any liability with regard
to the Communication Services and any actions resulting from your participation
in any Communication Services. Managers and hosts are not authorized Microsoft spokespersons,
and their views do not necessarily reflect those of Microsoft. Materials uploaded
to the Communication Services may be subject to posted l imitations on usage, reproduction
and/or dissemination; you are responsible for adhering to such limitations if you
download the materials.
Materials
Provided to Microsoft or Posted at Any Microsoft Web Site
Microsoft does not claim ownership of the materials you provide to Microsoft (including
feedback and suggestions) or post, upload, input or submit to any Services or its
associated services for review by the general public, or by the members of any public
or private community, (each a "Submission" and collectively "Submissions"). However,
by posting, uploading, inputting, providing or submitting ("Posting") your Submission
you are granting Microsoft, its affiliated companies and necessary sublicensees
permission to use your Submission in connection with the operation of their Internet
businesses (including, without limitation, all Microsoft Services), including, without
limitation, the license rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat your Submission; to publish
your name in connection with your Submission; and the right to sublicense such rights
to any supplier of the Services. No compensation will be paid with respect to the
use of your Submission, as provided herein. Microsoft is under no obligation to
post or use any Submission you may provide and Microsoft may remove any Submission
at any time in its sole discretion. By Posting a Submission you warrant and represent
that you own or otherwise control all of the rights to your Submission as described
in these Terms of Use including, without limitation, all the rights necessary for
you to provide, post, upload, input or submit the Submissions. In addition to the
warranty and representation set forth above, by Posting a Submission that contain
images, photographs, pictures or that are otherwise graphical in whole or in part
("Images"), you warrant and represent that (a) you are the copyright owner of such
Images, or that the copyright owner of such Images has granted you permission to
use such Images or any content and/or images contained in such Images consistent
with the manner and purpose of your use and as otherwise permitted by these Terms
of Use and the Services, (b) you have the rights necessary to grant the licenses
and sublicenses described in these Terms of Use, and (c) that each person depicted
in such Images, if any, has provided consent to the use of the Images as set forth
in these Terms of Use, including, by way of example, and not as a limitation, the
distribution, public display and reproduction of such Images. By Posting Images,
you are granting (a) to all members of your private community (for each such Images
available to members of such private community), and/or (b) to the general public
(for each such Images available anywhere on the Services, other than a private community),
permission to use your Images in connection with the use, as permitted by these
Terms of Use, of any of the Services, (including, by way of example, and not as
a limitation, making prints and gift items which include such Images), and including,
without limitation, a non-exclusive, world-wide, royalty-free license to: copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit, translate,
and reformat your Images without having your name attached to such Images, and the
right to sublicense such rights to any supplier of the Services. The licenses granted
in the preceding sentences for a Images will terminate at the time you completely
remove such Images from the Services, provided that, such termination shall not
affect any licenses granted in connection with such Images prior to the time you
completely remove such Images. No compensation will be paid with respect to the
use of your images.
Notices and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement should be sent to Service Provider's Designated Agent. ALL
INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE. See
Notice and Procedure for Making Claims of Copyright Infringement. LINKS TO THIRD
PARTY SITES. THE LINKS IN THIS AREA WILL LET YOU LEAVE MICROSOFT'S SITE. THE LINKED
SITES ARE NOT UNDER THE CONTROL OF MICROSOFT AND MICROSOFT IS NOT RESPONSIBLE FOR
THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES
OR UPDATES TO SUCH SITES. MICROSOFT IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER
FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. MICROSOFT IS PROVIDING THESE
LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY
ENDORSEMENT BY MICROSOFT OF THE SITE. UNSOLICITED IDEA SUBMISSION POLICY. MICROSOFT
OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS
FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES,
MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL
CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY
IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN MICROSOFT'S PRODUCTS OR
MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO MICROSOFT. SO, PLEASE
DO NOT SEND YOUR UNSOLICITED IDEAS TO MICROSOFT OR ANYONE AT MICROSOFT. IF, DESPITE
OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM,
PLEASE UNDERSTAND THAT MICROSOFT MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS
WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
Copyright Notice
© 2007 Microsoft Corporation, One Microsoft Way, Redmond, Washington 98052-6399
U.S.A. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks
of their respective owners. The example companies, organizations, products, domain
names, e-mail addresses, logos, people and events depicted herein are fictitious.
No association with any real company, organization, product, domain name, e-mail
address, logo, person, or event is intended or should be inferred. Any rights not
expressly granted herein are reserved. Send your questions to the appropriate contact
as listed below:
Microsoft Web properties, contact:
|