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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.
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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.
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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.
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PRIVACY AND PROTECTION OF PERSONAL
INFORMATION.
See the
Privacy Statement
disclosures relating to the collection and use of your
information.
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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 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.
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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.
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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.
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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.
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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.
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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.
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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.
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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 INQUIRIES NOT RELEVANT
TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.
See
Notice and Procedure for Making Claims of Copyright
Infringement.
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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.
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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.
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COPYRIGHT NOTICE.
© 2007 Microsoft Corporation
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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:
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