Terms of Use
Last updated:
[March, 2006]
The services that Microsoft provides to you at this web site 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.
Throughout this Web site, Microsoft provides you with access to a variety of resources,
including download areas, communication forums and product information (collectively
"Services"). The Services, including any updates, enhancements, and/or
new features, are subject to the TOU.
NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Services are intended for personal, educational
use only.
PRIVACY AND PROTECTION 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, its suppliers and/or other registered users
of the Services. 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.
Any samples, documentation and/or other associated information or files that are
provided by third party users of the Services are the sole responsibility of such
users. Microsoft is not responsible for,
and has no affiliation with, any content provided by users.
Such items have not been tested by Microsoft, and Microsoft makes no claims
and implies no warranties regarding such items.
Microsoft enables you to access these items only as a convenience, and the inclusion
of such items within the Services does not imply endorsement by Microsoft of such
items.
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
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS
WEB SITE.
Permission to use Documents (such as white papers, press releases, datasheets and
FAQs) of Microsoft 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 any
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 ANY SOFTWARE,
DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE
FROM THE SERVICES.
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 bulletin board services, chat areas, news groups, forums,
communities, personal web pages, 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:
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.
The Communication Services are not designed as the primary
place to store any materials; you are responsible for creating backups of materials
you post to any Communication Service such as photos, documents and software. Microsoft is not responsible for loss of, access
to, deletion, alteration, or restoration of any materials associated with a Communication
Service.
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 limitations 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 understand and agree that you’re giving a license
under your intellectual property rights to all authorized users, including the rights
to download, copy, modify, distribute and repost. In addition, you’re giving
Microsoft all the necessary rights to make your Submission(s) available on this
site.
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. Copyright © 2006 Microsoft Corporation,
TRADEMARKS.
Trademark information is available at
http://www.microsoft.com/library/toolbar/3.0/trademarks/en-us.mspx
Any rights not expressly granted herein are reserved.
Send your questions to the appropriate contact as listed below:
·
Microsoft Web properties, contact
homepage@microsoft.com
·
Piracy questions can be routed to
piracy@microsoft.com or by calling
1-800-R-U-LEGIT.