Microsoft - Information on Terms of Use
Updated: October 17, 2008
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ACCEPTANCE OF TERMS.
The services that the Microsoft company for your country or region (as identified below)
(“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, but not limited to, developer tools, download areas, communication
forums, browser add-ons, 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 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 or install from the Services
("Software") is the copyrighted work of Microsoft, its suppliers, or third-party
contributors. 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. MICROSOFT DOES NOT ACT AS AGENT FOR THIRD PARTY
CONTRIBUTORS WHO MAY PROVIDE SOFTWARE TOOLS AND UTILITIES FOR DOWNLOAD OR INSTALL FROM
THE SERVICE. ADDITIONALLY, MICROSOFT MAKES NO WARRANTIES OR GUARANTEES REGARDING THE
QUALITY, SAFETY OR LEGALITY OF THE SOFTWARE, OR THE TRUTH OR ACCURACY OF INFORMATION
ASSOCIATED WITH ANY SOFTWARE PROVIDED BY A THIRD PARTY CONTRIBUTOR, AND YOU HEREBY
IRREVOCABLY AND UNCONDITIONALLY RELEASE AND WAIVE ANY AND ALL CLAIMS, DEMANDS AND
DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, YOU
MAY HAVE OR ASSERT AGAINST MICROSOFT, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES,
SUBSIDIARIES, AFFILIATES, JOINT VENTURES AND EMPLOYEES RELATING TO OR ARISING OUT OF
THE LICENSE OR THE USE OF THE SOFTWARE, TOOLS, AND UTILITIES OF THIRD PARTY SOFTWARE,
TOOLS, OR UTILITIES. MICROSOFT DOES NOT ACT AS AGENT FOR THIRD PARTY CONTRIBUTORS WHO
MAY PROVIDE SOFTWARE TOOLS AND UTILITIES FOR DOWNLOAD OR INSTALL FROM THE SERVICE.
ADDITIONALLY, MICROSOFT MAKES NO WARRANTIES OR GUARANTEES REGARDING THE QUALITY, SAFETY
OR LEGALITY OF THE SOFTWARE, OR THE TRUTH OR ACCURACY OF INFORMATION ASSOCIATED WITH
ANY SOFTWARE PROVIDED BY A THIRD PARTY CONTRIBUTOR, AND YOU HEREBY IRREVOCABLY AND
UNCONDITIONALLY RELEASE AND WAIVE ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND
CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, YOU MAY HAVE OR ASSERT
AGAINST MICROSOFT, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, SUBSIDIARIES, AFFILIATES,
JOINT VENTURES AND EMPLOYEES RELATING TO OR ARISING OUT OF THE LICENSE OR THE USE OF
THE SOFTWARE, TOOLS, AND UTILITIES OF THIRD PARTY SOFTWARE, TOOLS, OR 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 States 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. Educational
institutions accredited by the competent regulatory body, 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:
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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).
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Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such
as rights of privacy and publicity) of others.
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Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,
obscene, indecent or unlawful topic, name, material or information.
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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.
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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.
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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.
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Advertise or offer to sell or buy any goods or services for any business purpose,
unless such Communication Services specifically allows such messages.
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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.
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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.
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Restrict or inhibit any other user from using and enjoying the Communication Services.
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Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
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Harvest or otherwise collect information about others, including e-mail addresses.
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Violate any applicable laws or regulations.
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Create a false identity for the purpose of misleading others.
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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.
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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 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 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"), except for any material contained
in your Submission that Microsoft has licensed to you. However, by posting, uploading,
inputting, providing or submitting ("Posting") your Submission you are granting
Microsoft, its affiliated companies and its necessary sublicensees (including third
parties whose products, technologies and services use or interface with any specific
parts of a Microsoft software or service that includes the Submission), without
charge, the right to post, use, display, reformat, and control your Submission in
any way and for any purpose. You will not give any Submission that is subject to
a license that requires Microsoft to license its software or documentation to third
parties because we include your Submission in them. These rights include granting
Microsoft a free (unless a separate writing signed by Microsoft states otherwise),
worldwide license to copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Submission, each in connection with
the Service; to publish your user name in connection with your Submission; to feature
your Submission in the ìmarqueeî area of this Web site in Microsoftís sole discretion;
to feature your Submission on the Internet Explorer 8 Service Gallery, currently
located at http://ie.microsoft.com/activities (or such successor URL as Microsoft
may designate from time to time) (the ìService Galleryî), subject to your Submission
meeting predetermined criteria, and to sublicense such rights to any others.
If you include your trademarked text or logo as a part of your Submission (your
ìContentî), the foregoing rights will apply to the Content, as well, solely to the
extent needed to include the Content with your Submission on this Web site. You
grant Microsoft a royalty-free, non-exclusive, non-transferable, worldwide, personal
license to use your Content on this Web site, including in the ìmarqueeî area of
this Web site in Microsoftís sole discretion, and to feature your Content on the
Service Gallery, subject to your Content meeting predetermined criteria. Microsoft
and/or its suppliers will not use the Content for any other purpose. Microsoft and/or
its suppliers agree that you are the sole owner of the Content and the goodwill
associated with the Content. Microsoft and/or its suppliers will not use the Content
in any manner that will damage your reputation or goodwill in the Content. You will
have the sole right to, and in your sole discretion may control any action concerning
your Content. The licenses granted for the Content will terminate at the time you
completely remove such Content from the Services, provided that such termination
shall not affect any licenses granted in connection with such Content prior to the
time you completely remove such Content.
You may submit comments, ratings, suggestions, and feedback (collectively ìFeedbackî)
to this Web site. You grant Microsoft, its affiliated companies and its necessary
sublicensees (including third parties whose products, technologies and services
use or interface with any specific parts of a Microsoft software or service, including
Submissions) the right to use, publicly display, transmit, reproduce, edit, translate
and reformat your Feedback, each in connection with the Services. By posting your
Feedback, you agree to abide by the Microsoft Code of Conduct.
No compensation will be paid with respect to the use of your Feedback or Submission,
as provided herein, unless a separate writing exists, signed by Microsoft, detailing
such compensation. Microsoft is under no obligation to post or use any Submission
or Feedback you may provide, and Microsoft may remove any Submission or Feedback
at any time in its sole discretion.
By Posting either a Submission or Feedback, you warrant and represent that you own
or otherwise control all of the rights to your Submission or Feedback as described
in these TOU including, without limitation, all the rights necessary for you to
provide, post, upload, input or submit the Submission or Feedback. In addition to
the warranty and representation set forth above, by Posting any Submission or Feedback
that contains images, photographs, pictures or other creative collateral 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 that the use and publication of the Submission or Feedback does not violate
any applicable laws, (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; (d) Your Submission does not contain any Prohibited
Code. ìProhibited Codeî means software code of any kind that (i) is potentially
harmful to or could compromise a userís system, software data, security or privacy;
(ii) without the userís express knowledge and consent, interferes with the operation
of applications; (iii) launches or causes other similar code or applications similar
to the foregoing to launch; (iv) is obscured or resistant to removal; (v) without
the userís express knowledge and consent, removes or disables security, anti-spyware
or anti-virus technology; (vi) without the userís express knowledge and consent,
displays advertisements, unless they are promoting an alternative version of the
software (e.g., an update or upsell); or (vii) without the userís express knowledge
and consent, collects or shares personal information, changes file associations,
adds browser toolbars or changes browser settings such as the userís favorites,
default home page or search provider; and (e) You will indemnify, defend and hold
Microsoft and its affiliates harmless from any and all claims, demands, costs, liabilities,
losses, expenses and damages (including attorneysí fees, costs and expert witnessesí
fees) arising out of or in connection with any claim brought by a third party arising
out of your Submission or Feedback (excluding any material in your Submission that
we licensed to you).
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 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.
LIABILITY LIMITATION.
We provide the Service "as-is," "with all faults" and "as available." We do not
guarantee the accuracy or timeliness of information available from the Service.
We give no express warranties, guarantees or conditions. You may have additional
consumer rights under your local laws that this contract cannot change. We exclude
any implied warranties including those of merchantability, fitness for a particular
purpose, workmanlike effort and non-infringement. You cannot recover any other damages,
including consequential, lost profits, special, indirect, incidental or punitive
damages.
This limitation applies to anything related to:
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the Service,
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content (including code) on third party Internet sites, third party programs or
third party conduct,
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viruses or other disabling features that affect your access to or use of the Service,
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incompatibility between the Service and other Services, software and hardware,
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delays or failures you may have in initiating, conducting or completing any transmissions
or transactions in connection with the Service in an accurate or timely manner,
and
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claims for breach of contract, breach of warranty, guarantee or condition, strict
liability, negligence, or other tort.
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It also applies even if:
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this remedy does not fully compensate you for any losses, or fails of its essential
purpose; or
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Microsoft knew or should have known about the possibility of the damages.
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Some states do not allow the exclusion or limitation of incidental or consequential
damages, so the above limitations or exclusions may not apply to you. They also
may not apply to you because your province or country may not allow the exclusion
or limitation of incidental, consequential or other damages.
CONTRACTING PARTY, CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES.
This contract is between you and the Microsoft company for your country or region.
In this section, find the country or region where you live (if you are signing up
for the service as an individual person) or your business is located (if you are
signing up for services for your business) in the subsections below, and in that
subsection you will find the Microsoft company that is contracting with you and
the choice of law and the location for resolving disputes with the Microsoft company.
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North and South America Region. If you live or your business is headquartered
in Argentina, Barbados, Belize, Bolivia, Brazil, Canada, Chile, Colombia, Costa Rica,
Dominica, Dominican Republic, Ecuador, El Salvador, Grenada, Guatemala, Honduras,
Mexico, Nicaragua, Panama, Paraguay, Peru, Puerto Rico, United States, Uruguay,
or Venezuela, then you are contracting with Microsoft Corporation, One Microsoft
Way, Redmond , WA 98052, United States, and Washington state law governs the interpretation
of this contract and applies to claims for breach of it, regardless of conflict
of laws principles. All other claims, including claims regarding consumer protection
laws, unfair competition laws, and in tort, will be subject to the laws of your
state of residence in the United States, or if you live outside the United States,
the laws of the country to which we direct your service. You and we irrevocably
consent to the exclusive jurisdiction and venue of the state or federal courts in
King County, Washington, USA for all disputes arising out of or relating to this
contract.
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Europe, Middle East and Africa. If you live or your business is headquartered
in Algeria, Austria, Bahrain, Belgium, Bulgaria, Croatia, Czech Republic, Denmark,
Egypt, Estonia, Finland, France, Germany, Greece, Hungary, Iraq, Ireland, Israel,
Italy, Jordan, Kuwait, Latvia, Lebanon, Lithuania, Luxembourg, Montenegro, Morocco,
Netherlands, Norway, Oman, Poland, Portugal, Qatar, Romania, Russia, Saudi Arabia,
Serbia, Slovakia, Slovenia, South Africa, Spain, Switzerland, Sweden, Tunisia, Turkey,
Ukraine, United Arab Emirates, United Kingdom, or Yemen, then you are contracting
with Microsoft Luxembourg S.√ .r.l., 20 Rue Eugene Ruppert, Immeuble Laccolith,
1st Floor, L-2543 Luxembourg, and the laws of Luxembourg govern the interpretation
of this is contract and apply to claims for breach of it, regardless of conflict
of laws principles. All other claims, including claims regarding consumer protection
laws, unfair competition laws, and in tort, will be subject to the laws of the country
to which we direct your service. You and we irrevocably agree to the exclusive jurisdiction
and venue of the Luxembourg courts for all disputes arising out of or relating to
this contract.
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Japan. If you live or your business is headquartered in Japan, and
you receive software from us as part of the service, then, unless we tell you otherwise,
you are licensing the software from Microsoft Operations Pte Ltd, 1 Marina Boulevard,
#22-01 One Marina Blvd, Singapore 01898. Otherwise you are contracting with Microsoft
Company Ltd (MSKK), Odakyu Southern Tower, 2-2-1 Yoyogi, Shibuya-ku, Tokyo 151-8583.
The laws of Japan govern this contract and any matters arising out of or relating
to this contract. You and we irrevocably agree that exclusive original jurisdiction
and venue will lie in the Tokyo District Court.
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Asia Pacific. If you live or your business is headquartered in Australia,
Hong Kong, Indonesia, Malaysia, New Zealand, Philippines, Singapore or Thailand,
then you are contracting with Microsoft Operations, Pte Ltd, 1 Marina Boulevard,
#22-01 One Marina Blvd, Singapore 01898, and the laws of Singapore govern this contract.
You and we irrevocably agree to the exclusive jurisdiction and venue of the Singapore
courts for all disputes arising out of or relating to this contract. Any dispute
arising out of or in connection with this agreement, including any question regarding
its existence, validity or termination shall be referred to and finally resolved
by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore
International Arbitration Center, which rules are deemed to be incorporated by reference
into this clause. The Tribunal shall consist of one arbitrator to be appointed by
the Chairman of SIAC. The language of arbitration shall be English. The decision
of the arbitrator shall be final, binding and incontestable and may be used as a
basis for judgment thereon in any country or region.
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India. If you live or your business is headquartered in India, then
you are contracting with Microsoft Regional Sales Corporation, a corporation organized
under the laws of the State of Nevada, USA, with a branch in Singapore, having its
principal place of business at 438B Alexandra Road, #04-09/12, Block B, Alexandra
Technopark, Singapore, 119968, and the laws of Washington state law governs this
contract, regardless of conflict of laws principles. Any dispute arising out of
or in connection with this agreement, including any question regarding its existence,
validity or termination shall be referred to and finally resolved by arbitration
in Singapore in accordance with the Arbitration Rules of the Singapore International
Arbitration Center, which rules are deemed to be incorporated by reference into
this clause. The Tribunal shall consist of one arbitrator to be appointed by the
Chairman of SIAC. The language of arbitration shall be English. The decision of
the arbitrator shall be final, binding and incontestable and may be used as a basis
for judgment thereon in India or elsewhere.
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China. If you live or your business is headquartered in China, then
you are contracting with Microsoft Corporation, One Microsoft Way, Redmond, WA 98052,
United States, and Washington state law governs this contract, regardless of conflict
of laws principles. The jurisdiction of the state or federal courts off King County,
Washington, United States is non-exclusive.
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Korea. If you live or your business is headquartered in Korea, then
you are contracting with Microsoft Korea, Inc., POSCO Bldg, 8th Floor, 892 Daechi
4-Dong, Kangnam-Gu, Seoul, Korea 135-777, and the laws of the Republic of Korean
govern this contract. You and we irrevocably agree to exclusive original jurisdiction
and venue in the Seoul District Court.
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Taiwan. If you live or your business is headquartered in Taiwan, then
you are contracting with Microsoft Taiwan Corporation, 8F, No 7 Sungren Road, Shinyi
Chiu, Taipei, Taiwan 110, and the laws of Taiwan govern this contract. You and we
irrevocably designate the Taipei District Court as the court of first instance having
jurisdiction over any disputes arising out of or in connection with this contract
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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
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