(Last updated: March 2009).
THIS IS AN AGREEMENT
BETWEEN YOU AND MICROSOFT.
PERSONAL AND NON-COMMERCIAL USE
Unless otherwise specified, CMT is for your personal and non-commercial use only. Except for your own personal, informational and non-commercial use without any redistribution or as may be authorized in a specific Microsoft license relating to any software available through the CMT, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell software, products or services obtained from the CMT.
PRIVACY AND PROTECTION OF PERSONAL
See the Privacy Statement disclosures relating to the collection and use of your information.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE
Any software that is made available to download from CMT, except from the Website ("Software") is the copyrighted work of Microsoft and/or its suppliers (unless otherwise specified) and is licensed not sold. 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"). Installation of any Software that is accompanied by or includes a License Agreement confirms your agreement to the License Agreement terms. All Software is protected by copyright, and other intellectual property laws and treaties. Microsoft reserves all rights to such Software not expressly granted to you in the License Agreement or this TOU. 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.
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 CMT 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 AS PART OF CMT OR IN MICROSOFT SOFTWARE PRODUCTS.
MEMBER ACCOUNT, PASSWORD, AND SECURITY.
If CMT 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 may also need to choose a password and a user name, and if so, 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 participation in or use of the CMT , you agree that you will not use CMT for any purpose that is unlawful, harms Microsoft or any end user or other third party, or otherwise is prohibited by this TOU. You may not participate in or use CMT in any manner which could damage, disable, overburden, or impair CMT or interfere with any other party's use and enjoyment of the CMT. You may not attempt to gain unauthorized access to any services, information, pictures, software, other accounts, computer systems or networks connected to any Microsoft server or to CMT, 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 or provided for through CMT.
USE OF SERVICES
CMT may contain a Website, searchable archives, discussion areas, and/or other message or communication facilities designed to enable you to post personal information and communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, YOU AGREE THAT WHEN USING A COMMUNICATION SERVICE, YOU WILL NOT:
· Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, 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, infringing, obscene, indecent or unlawful topic, name, material or information.
· Upload, or otherwise make available, files that contain images, voices, photographs, private or confidential information, software or other material protected by intellectual property laws, including by way of example, and not as a 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 consents.
· Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, 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 Service 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 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 or other directives which may be applicable for any particular Communication Service.
· Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
· 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 CMT 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 a Communication Service and to remove any materials in its sole discretion. MICROSOFT ALSO RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO TERMINATE YOUR PARTICIPATION IN AND ACCESS TO CMT AND THE RELATED COMMUNICATION SERVICES OR ANY PORTION THEREOF AT ANY TIME, WITHOUT CAUSE AND WITHOUT NOTICE. YOU CAN CANCEL YOUR PARTICIPATION IN ANY RESEARCH PROJECT OR COMMUNICATION SERVICE AT ANY TIME, WITH OR WITHOUT CAUSE, BY EXITING, OR OTHERWISE FOLLOWING THE PROCEDURES MADE AVAILABLE TO YOU BY MICROSOFT ON ANY OF CMT WEBSITE.
Microsoft may monitor your electronic activities and communications and reserves the right at all times to disclose any information in the event it has a good faith reason to believe it is necessary (a) to satisfy any applicable law, regulation, legal process or governmental request, (b) to protect and defend the rights of property of Microsoft, its affiliates and/or CMT, or (c) to act in urgent circumstances to protect the personal safety of users of Microsoft products, services and/or CMT. Microsoft may edit, refuse to post or to remove any information or materials, in whole or in part, in Microsoft's sole discretion. (Also, regarding use of your information, see the link to the Privacy Statement above.)
Always use caution when giving out any personally identifying information about yourself, your children and family or any other persons in any Communication Service. Microsoft does not control or endorse the content, messages or information found in any Communication Service and, therefore, MICROSOFT SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE COMMUNICATION SERVICES AND ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN ANY COMMUNICATION SERVICE. Managers and hosts are not authorized Microsoft spokespersons, and their views do not necessarily reflect those of Microsoft.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, and 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 CMT or its associated Communication 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 sublicenses permission to use your Submission in connection with the operation of CMT
(including, without limitation, its Communication Services including, without limitation, the license rights to: copy, distribute, transmit, display, 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 Communication Services or vendor related to the CMT.
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.
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 have been properly granted the necessary rights (or have such rights by law) 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 this TOU, the CMT and the Communication Services, (b) you have the rights necessary to grant the licenses and sublicenses described in this TOU, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in this TOU, 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 this TOU, of any of the CMT and any of its Communication 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 CMT and any Communication Services. The licenses granted in the preceding sentences for a Images will terminate at the time you completely remove such Images from the CMT and any Communication 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.
CMT MAY CONTAIN LINKS TO OTHER THIRD PARTY WEB SITES ("LINKED SITES"). THE LINKED SITES ARE NOT UNDER THE CONTROL OF MICROSOFT AND MICROSOFT IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE, INCLUDING WITHOUT LIMITATION ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO A LINKED SITE, OR ANY ERRORS, BUGS OR DEFICIENCIES CONTAINED THEREIN. MICROSOFT IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. MICROSOFT IS NOT RESPONSIBLE FOR SERVICES OR APPLICATIONS OFFERED 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 OR ANY ASSOCIATION WITH ITS OPERATORS. BY USING ANY THIRD PARTY SERVICE OR APPLICATION, YOU AGREE TO BE SOLELY RESPONSIBLE FOR ADHERING TO THE TERMS AND CONDITIONS APPLICABLE TO SUCH SERVICE OR APPLICATION.
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.
DISCLAIMER OF LIABILITY AND
CMT, INCLUDING (BUT NOT LIMITED TO) ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, PHOTOS, VOICES, PICTURES AND OTHER THINGS INCLUDED IN OR AVAILABLE THEREIN, IS PROVIDED “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”, AND MAY INCLUDE DEFICIENCIES, INACCURACIES AND TYPOGRAPHICAL ERRORS. MICROSOFT AND ITS RESPECTIVE SUPPLIERS MAY IMPROVE, DELETE, CHANGE, IMPAIR, DISRUPT OR EVEN DISCONTINUE CMT IN ANY WAY, AT ANY TIME AND FOR ANY REASON. ADVICE RECEIVED VIA CMT SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
MICROSOFT CORPORATION, ITS AFFILIATES AND ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES (EXPRESS, STATUTORY OR IMPLIED) WITH RESPECT TO CMT AND ANY INFORMATION AND MATERIALS CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION, WITH REGARD TO (A) TITLE AND NON-INFRINGEMENT, (B) ENCUMBRANCES OR LIENS, AND (C) THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF CMT AND ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED THEREIN FOR MERCHANTABILITY, QUIET ENJOYMENT OR FITNESS FOR ANY PARTICULAR PURPOSE.
NOTICES TO YOU
YOU CONSENT TO MICROSOFT PROVIDING YOU ANY INFORMATION THAT MICROSOFT IS REQUIRED BY LAW TO SEND TO YOU REGARDING CMT (“REQUIRED INFORMATION”) TO BE SENT IN ELECTRONIC FORM VIA E-MAIL AT THE E-MAIL ADDRESS YOU SPECIFIED WHEN YOU REGISTERED (AS UPDATED BY YOU), IF ANY, AND/OR (IF ACCEPTABLE UNDER THE LAW), BY POSTING SUCH REQUIRED INFORMATION CONSPICUOUSLY ON THE RELEVANT CMT WEBSITE.
This TOU is governed by the laws of the State of Washington, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to your participation in or the use of CMT, without regard to conflicts of law. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Microsoft as a result of this TOU or participation in or use of CMT. Microsoft's performance of this TOU is subject to existing laws and legal process, and nothing contained in this TOU is in derogation of Microsoft's right to comply with governmental, court and law enforcement requests or requirements relating to your participation in or use of CMT or information provided to or gathered by Microsoft with respect to such participation or use. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the TOU shall continue in effect.
Questions about CMT can be sent to CMT@microsoft.com. Piracy questions can be routed to firstname.lastname@example.org or by calling 1-800-R-U-LEGIT. Questions or notices about copyright infringement should be sent according to “NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT”
2009 Microsoft Corporation