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END-USER LICENSE AGREEMENT FOR ASUS, THIRD PARTY ...

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<strong>END</strong>-<strong>USER</strong> <strong>LICENSE</strong> <strong>AGREEMENT</strong> <strong>FOR</strong> <strong>ASUS</strong>, <strong>THIRD</strong> <strong>PARTY</strong> AND MICROSOFT SOFTWAREMicrosoft Service Agreement Last Updated: September 2008THANK YOU <strong>FOR</strong> CHOOSING MICROSOFT!1. What the Contract Covers.This is a contract between you and the Microsoft company referenced in section 29. Sometimes theMicrosoft company referenced in section 29 is referred to as “Microsoft,” “we,” “us” or “our”. Thiscontract applies to any Windows Live, Live Search, MSN, Microsoft Office Online, Microsoft Office Liveor other Microsoft software or services, including updates, that display or link to this contract and thatyou use while this contract is in force. All of the software or services are referred to in this contract asthe “service.”Please note that we do not provide warranties for the service. The contract also limits ourliability. These terms are in sections 20 and 21, and we ask you to read them carefully.2. When You May Use the Service.You may start using the service as soon as you have finished the sign-up process. No withdrawal rightor other “cooling off” period applies to the service and you waive any applicable “cooling off” period,except if the law requires a “cooling off” period despite your waiver and even when a service startsright away.3. How You May Use the Service.In using the service, you will: obey the law; obey any codes of conduct or other notices we provide; obey the Microsoft Anti-spam Policy, which is available athttp://go.microsoft.com/fwlink/?LinkId=117951; keep your service account password secret; and promptly notify us if you learn of a security breach related to the service.4. How You May Not Use the Service.In using the service, you may not: engage in, facilitate or further unlawful conduct; use the service in a way that harms us or our advertisers, affiliates, resellers, distributors and/orvendors, or any customer of ours or our advertisers, affiliates, resellers, distributors and/orvendors; use any portion of the service as a destination linked from any unsolicited bulk messages orunsolicited commercial messages (“spam”); use any unauthorized third-party software or service to access the Microsoft instant messagingnetwork (currently known as the .NET Messenger Service); use any automated process or service to access and/or use the service (such as a BOT, a spider,periodic caching of information stored by Microsoft, or “meta-searching”); use any unauthorized means to modify or reroute, or attempt to modify or reroute, the service; damage, disable, overburden or impair the service (or the network(s) connected to the service) or


may collect from you. You are responsible for all other charges (for example, phone charges).Currency exchange settlements are based on your agreement with your payment method provider.We may change the price of the service from time to time, but we will tell you before we do. If there is a specific time length and price for your service offer, then that price will remain in forcefor that time. After the offer period ends, your use of the service will be charged at the new price. If your service is on a period basis (for example, monthly), with no specific time length, then wewill tell you the date of any price change. That date will be not less than 30 days after we tell you ofthe price change.If you do not agree to these changes, then you must cancel and stop using the service before thechanges take place. If you cancel your service, then your service ends at the end of your currentservice time length or, if we bill your account on a period basis, at the end of the period in which youcancelled.7.6 Refund Policies. Unless otherwise provided by law or in connection with any particular serviceoffer, all charges are non-refundable and the costs of any returns will be at your expense.7.7 Online Statement; Errors. We will provide you with an online billing statement. This is the onlybilling statement that we provide. Go to https://billing.microsoft.com to view, print or request a papercopy of this statement. If you request a paper copy, we may charge you a retrieval fee. We will onlyprovide paper copies for the past 120 days. If we make an error on your bill, we will correct itpromptly after you tell us and we investigate the charge. You must tell us within 120 days after anerror first appears on your bill. You release us from all liability and claims of loss resultingfrom any error that you do not report to us within 120 days after the error first appears onyour online statement. If you do not tell us within this time, we will not be required to correct theerror. We can correct billing errors at any time.7.8 Canceling the Service. You may cancel the service at any time, with or without cause. Go tohttps://billing.microsoft.com to obtain information on cancelling your service. Certain service offersmay require cancellation charges, and you will pay all cancellation charges as specified in thematerials describing the offer. Cancellation of the service by you will not alter your obligation to payall charges made to your billing account.7.9 Late Payments. Except to the extent prohibited by law, we may assess a late charge if you donot pay on time. You must pay these late charges when we bill you for them. The late charge will bethe lesser of 1% of the unpaid amount each month or the maximum rate that is permitted by law. Wemay use a third party to collect past due amounts. You must pay for all reasonable costs we incur tocollect any past due amounts. These costs may include reasonable attorneys’ fees and other legal feesand costs. We may suspend or cancel your service if you fail to pay in full on time.7.10 Internet Access Service. If the service does not include Internet access, then you areresponsible for paying the fees charged by your Internet access provider. Those fees are in addition tothe fees you pay us for the service. The rest of this section applies only if your service includesInternet access.If you use a dial-up modem, you are responsible for determining if the numbers you selectwill incur toll charges. To do this you must contact your telephone company first. Tell it thenumbers you consider using. Your telephone company can tell you if using those numberswill trigger additional charges. Ask it if there are other telephone service charges you willincur using those numbers. You should contact your phone company even if we provided thenumber as an appropriate access number for you. We rely on others to provide us with thatinformation. Unfortunately, sometimes it is wrong. If you incur any extra charges, then you mustpay them. We will not reimburse you for them.You also will pay any additional charges you incur if you connect to the service through a servicetelephone number while you are in a country that is not the country associated with your serviceaccount (“roaming charges”). Roaming charges are in addition to any long distance telephone chargesyou may incur when connecting to the service from another country. Please check the serviceinformation area to view the current rates for roaming charges. You may also incur additional chargesif your usage of the service exceeds the number of hours covered by your service plan.


8. Payments to You.Your right to any payment due you under a service is conditioned upon you promptly providing us withall information we require to properly make the payment (for example, bank account information forreceiving the payment). We will use reasonable efforts to tell you what information we require inadvance of your use of the applicable service. Even if we do not tell you in advance, you must provideus the information we request before your right to receive the payment accrues. You are responsiblefor the accuracy of the information you provide and any taxes you may incur as a result of receiving apayment. You must also comply with any other conditions we place on your right to any payment. Ifyou receive a payment that was not due to you, we may reverse or seek return of thepayment and you agree to cooperate with us in our efforts to do this.9. Your Materials.You may be able to submit materials for use in connection with the service.The service includes publicly accessible areas (“public areas of the service”) and areas to which youcan control access by others (“shared and private areas of the service”). You understand thatMicrosoft does not control or endorse the content that you and others post or provide on the service.Except for material that we license to you, we do not claim ownership of the materials you post orprovide on the service. However, with respect to content you post or provide, you grant to thosemembers of the public to whom you have granted access (for content posted on shared and privateareas of the service) or to the public (for content posted on public areas of the service) free,unlimited, worldwide, nonexclusive and perpetual permission to: use, modify, copy, distribute and display the content in connection with the service and otherMicrosoft products and services; publish your name in connection with the content; and grant these rights to others.You understand that Microsoft may need to make copies, change the format, transcode or otherwiseprocess content posted on the service, including on shared and private areas of the service, in orderto: store and retrieve the content; make the content available to you and those members of the public to whom you have grantedaccess; conform to connecting networks’ technical requirements; or conform to the limitations and terms of the service.This section applies only to legally permissible content and only to the extent that use and publishingof the legally permissible content does not breach the law. You understand that sharing content thatviolates others’ copyrights and other intellectual property rights violates this contract. You representand warrant that you have all the rights necessary for you to grant the rights in this section 9 and thatthe use and publication of the content does not breach any law. We will not pay you for your content.We may refuse to publish your content and may remove your content from the service at any time.10. Privacy.In order to operate and provide the service, we collect certain information about you. We use andprotect that information as described in the Microsoft Online Privacy Statement, available athttp://go.microsoft.com/fwlink/?LinkId=74170. In particular, we may access or disclose informationabout you, including the content of your communications, in order to: (a) comply with the law or


espond to lawful requests or legal process; (b) protect the rights or property of Microsoft or ourcustomers, including the enforcement of our agreements or policies governing your use of the service;or (c) act on a good faith belief that such access or disclosure is necessary to protect the personalsafety of Microsoft employees, customers or the public.The service is a private computer network that Microsoft operates for the benefit of itself and itscustomers. Microsoft retains the right to block or otherwise prevent delivery of any type of email orother communication to or from the service as part of our efforts to protect the service, protect ourcustomers or stop you from breaching this contract. The technology or other means we use mayhinder or break your use of the service.In order to provide you the service, we may collect certain information about service performance,your machine and your service use. We may automatically upload this information from your machine.This data will not personally identify you. You may read about this information collection in more detailin the privacy policy at http://go.microsoft.com/fwlink/?LinkId=74170.Personal information collected through the service may be stored and processed in the United Statesor any other country in which Microsoft or its affiliates, subsidiaries or agents maintain facilities. Byusing the service, you consent to any such transfer of information outside of your country. Microsoftabides by the safe harbor framework as set forth by the U.S. Department of Commerce regarding thecollection, use and retention of data from the European Union.11. Software.If you receive software from us as part of the service, your use of that software is under the terms ofthe license that is presented to you for acceptance for that software. If there is no license presented toyou, or unless otherwise stated in this contract, then we grant you the right to use the software onlyfor the authorized use of the service on that number of computers stated in your service offer. Wereserve all other rights to the software.We may automatically check your version of the software. We may automatically download upgradesto the software to your computer to update, enhance and further develop the service.Unless we notify you otherwise, your license to use the software will end on the date your serviceends, and you must promptly uninstall the software. We may disable the software after the date theservice ends.You will not disassemble, decompile, or reverse engineer any software included in the service, exceptand only to the extent that the law expressly permits this activity.The software is subject to United States export laws and regulations. You must comply with alldomestic and international export laws and regulations that apply to the software. These laws includerestrictions on destinations, end users and end use. For additional information, seehttp://www.microsoft.com/exporting.If you use the software to access content that has been protected with Microsoft Digital RightsManagement (DRM), in order to let you play the content, the software may automatically requestmedia usage rights from a rights server on the Internet and download and install available DRMupdates. For more information, see http://go.microsoft.com/fwlink/?LinkId=123883.12. Font Components.You may use the fonts installed by the service to display and print content. You may onlyembed fonts in content as permitted by the embedding restrictions in the fonts; andtemporarily download them to a printer or other output device to print content.13. Windows Live OneCare.The following additional terms apply to Windows Live OneCare services (e.g., Windows Live OneCare,Windows Live OneCare for Server) (including any software that is provided as part of the services) andany other services offered in conjunction with OneCare services. You may be prompted to accept


additional contract terms that govern your installation and use of other software or services offered aspart of a OneCare service. If any terms of this contract conflict with the terms of any other contractfor use of other software or services offered with a OneCare service, the terms of this contract shallapply.a. Windows Live ID. You must obtain a Windows Live ID to subscribe to the service. For additionalinformation, see .b. License Grant.i. Paid Subscription. If you have purchased a subscription to a OneCare service, then for eachsubscription purchased, we grant you a non-exclusive, non-transferable and non-assignable right toinstall and use the software during your Subscription Term on:ii.A. Personal Computers. Up to three personal computers (each a “PC”) that you own orcontrol using the same Windows Live ID that you used to install OneCare on the first PC;orB. Server. One server (“Server”) that you own or control using the same Windows Live IDthat you used to install OneCare on your Server.Trial Use. If you are a trial user, then we grant you a non-exclusive, non-transferable andnon-assignable right to download, install and use one copy of the software on one PC for WindowsLive OneCare and on one Server for Windows Live OneCare for Server during your Trial Period. Atthe end of your Trial Period, your license expires automatically, unless you purchase a paidsubscription.If you do not purchase a subscription or if you cancel or do not renew your paid subscription, thenyou agree to delete all copies of the software in their entirety from all PCs or the Server, asapplicable, upon the expiration of your Trial Period or Subscription Term.c. License Term.i. Paid Subscriptions. The “Subscription Term” for paid subscriptions begins on the date that youactivate the software and ends on the date corresponding to the number of subscription monthsthat you have purchased (e.g., 12, 24 or 36 months). A renewal of your subscription must occur tocontinue receiving subscription services. Renewals may require additional or different license terms.ii.Trial Use. The “Trial Period” for trial use begins on the date that you install the software andends on the date corresponding to the length of the trial offer (e.g., 90 days later).d. Updates. The Windows Live OneCare services require updates to work effectively. Updates are onlyavailable for download and use during your Subscription Term or Trial Period. Updates may alsorequire additional contract terms that must be accepted before download and use.e. Technical Support. Technical support may differ based on the Windows Live OneCare service youhave.i. PCs. During the Subscription Term, paid subscribers to Windows Live OneCare are entitled totechnical support, which may include web-based content, online chat, email and telephone-basedtechnical support. During the Trial Period, trial users may receive web-based content andemail-based technical support. For details about OneCare technical support, see .ii.Servers. Technical support for Windows Live OneCare for Server is provided under a separateagreement or as a paid support incident.f. Refunds. For information about Microsoft’s refund policies, contact the Microsoft company servingyour country or region as set forth in section 29. See also www.microsoft.com/worldwide.


g. Online Backup Feature. The Online Backup feature provides the capability to store and retrieveyour digital photographs from our servers via the Internet during the applicable Online BackupSubscription Period, subject to the amount of online backup space provided with your subscription.If you cancel your Online Backup subscription or your subscription lapses, the copies of your photosstored with Online Backup will be deleted immediately.14. Microsoft Office Online and Microsoft Office Live.The following additional terms apply to Microsoft Office Online and Microsoft Office Live.a. Materials that Microsoft Licenses to You.i. Media Elements and Templates. You may have access to media images, clip art, animations,sounds, music, shapes, video clips, templates and other forms of downloadable content (“mediaelements”) associated with the service. If so, you may copy and use the media elements, andlicense, display and distribute them, along with your modifications as part of your softwareproducts, including your web sites, but you may not (i) sell, license or distribute copies of the mediaelements by themselves or as part of any collection or product if the primary value of the product isin the media elements; (ii) grant customers of your product any rights to license or distribute themedia elements; (iii) license or distribute any of the media elements that include representations ofidentifiable individuals, governments, logos, initials, emblems, trademarks or entities for anycommercial purposes or to express or imply any endorsement or association with any product,entity or activity; or (iv) create obscene or scandalous works, as defined by law at the time thework is created, using the media elements.If you obtain media elements and templates from the Microsoft Office Online web site athttp://office.microsoft.com (or successor site), you may use them only if you have a valid license toa Microsoft Office suite or one of its programs or a Microsoft software product that includesMicrosoft Clip Gallery or Microsoft Clip Organizer (or a Microsoft replacement of the Microsoft ClipOrganizer).ii. Documents. You may have access to information on the service such as white papers,knowledge-base articles, datasheets and FAQs (“documents”). You may use the documents only forinformational purposes. You may not copy, distribute, modify or make derivative works of thedocuments. Educational institutions that are officially accredited under local law may download andcopy the documents for distribution only in the classroom.iii.Limitations. The license grant to use media elements, templates and documents provided withthe service does not include a license to the design or layout of the service or any Microsoft owned,operated, licensed or controlled web site. You should not copy or retransmit any logo, graphic,sound or image from the service, unless Microsoft expressly permits it. Microsoft and its suppliersdo not warrant or guarantee that the media elements, templates and documents are accurate andsuitable for your purposes. Their inclusion with the service is not an endorsement of them byMicrosoft. Nothing available from the service is intended to be professional advice, including but notlimited to, investment, tax or legal advice.b. Your Dealings with Others. If you obtain anything from a third party (including third-partyoffered services) through the service, you understand that your relationship with respect to thosethings is with the third party directly and not with Microsoft. In the event you assert a claim thatrelates to or implicates your relationship with a third party, you shall only assert such claim againstthe third party, and you will not assert any such claim against Microsoft, even if Microsoft assistedin billing for the third-party offering. You are solely responsible for your dealings with any thirdparty, including


delivery of and payment for goods and services;processing and verifying orders, payments and other transactions;customer support related to orders or transactions (e.g., lost orders, billing disputes,payments, etc.);determining, collecting and remitting to the appropriate authority all taxes (if any) arisingfrom or related to such orders or transactions; andthe purchase and use by you and your associated accounts of any third-party products andservices.You represent and warrant thatthe products and services you advertise, sell and distribute are legal for sale and distributionand do not violate this contract;you have all licenses necessary to sell, distribute and advertise the goods and services youoffer; andall sales and advertisements will comply with applicable law.c. Your Privacy Practices. In using the service, you may be able to collect personal informationabout third parties through your dealings with such third parties. If you do, you agree to (a) post aprivacy policy on your web site that, at a minimum, discloses any and all uses of personalinformation that you collect from such third parties, (b) provide a hypertext link to your privacypolicy on the home page of your web site and on all pages where you collect personal informationfrom third parties, including on checkout pages, and (c) use personal information only as expresslypermitted by your privacy policy.d. Domain Name Service.i. If you register, renew or transfer a domain name through the service, Microsoft connects youwith an accredited registrar, Melbourne IT Limited. Melbourne IT or another accredited registrarwill register, renew or transfer the domain name. The domain service contracts for ccTLDs andgTLDs (the “Domain Service Contracts”) are contracts between Melbourne IT or anotheraccredited registrar and you, and not between Microsoft and you. The Domain Service Contractsapply to the registration, renewal and transfer of your domain name. Your use of the domainname is also subject to the policies of the Internet Corporation for Assigned Names and Numbers(“ICANN”). These policies include the ICANN Uniform Domain Name Dispute Resolution Policylocated at http://www.icann.org/udrp/#udrp.Microsoft does not control the availability of any domain name you seek to register orrenew. You represent and warrant that any domain name you register, renew or transferthrough the service and Melbourne IT will not infringe the rights of third parties.ii. Public registry. You understand that your contact information, such as your name, postaladdress, phone number and e-mail address, will be collected by Melbourne IT and placed in apublic registry.iii. Termination of service. Except during the first five days after you subscribe to the service, if youor we cancel your service, your domain name will remain registered for its current annual term.However, it will no longer work with the service. It will not work with your e-mail service or pointto your web site. You will be responsible for renewing and paying the applicable renewal fee foryour domain name after you or we cancel your service.e. Back Up Your Data. Upon termination or cancellation of the service by you or us for any reason,Microsoft may delete your data permanently from our servers. You are responsible for taking all


necessary steps to back up your data and ensuring that you maintain your primary means ofbusiness.15. Microsoft Authentication Network.We may provide you with credentials on our authentication network to use with the service. You aresolely responsible for any dealings with third parties (including advertisers) who use ourauthentication network, including the delivery of and payment for goods. This contract applies to youwhenever you use the credentials you obtained with the service. When you use our authenticationnetwork to gain access to any site, the terms and conditions for that site, if different from thiscontract, may also apply to you in your use of that site. Please refer to the terms of use for each sitethat you visit. We may cancel or suspend your access to our authentication network for inactivity,which we define as failing to sign in to our authentication network for an extended period, asdetermined by us. If we cancel your credentials, your right to use our authentication networkimmediately ceases.16. Microsoft Points.You can participate in the Microsoft Points service. Microsoft Points is a service under which you canacquire Points and redeem those Points for certain online services and digital products. You can seehow many Points you have by checking your Points balance at https://billing.microsoft.com. You canobtain selected services or digital products that we elect to offer in exchange for Points. You can dothis by redeeming your Points as indicated in the particular messaging you see for those offers.You can acquire Points in a variety of ways. For example, you can purchase Points, or certain servicesmay give you Points for using the service or specific features of the service (also known as “promotionPoints”). You can earn promotion Points only for actions you actually complete. You are responsible forany tax consequences that may result from your participation in the Points service.When you obtain Points, you have obtained a limited license to a digital product. Points have nomonetary value. You may not obtain any cash or money in exchange for Points, regardless of how youacquired those Points. Points are not your personal property. Your only recourse for using Points is toobtain the specific online services or digital products that we offer for Points redemption. We mayfurther restrict your Points redemption offers based on your country of residence. We encourage youto redeem your Points. The existence of a particular offer available for Points redemption is not acommitment by us to maintain or continue to make the offers in the future. The scope, variety andtype of online services and digital products that you may obtain by redeeming Points can change atany time. We have no obligation to continue making offers available for Points redemption.Promotion Points may expire at any time, as set forth in the messages related to that promotion. Wemay cancel, suspend or otherwise limit your access to your Points balance if we suspect fraudulent,abusive or unlawful activity on your Points balance. Once we delete Points from a balance, we will notreinstate them, except at our discretion. When we cancel, suspend or otherwise limit access to yourPoints balance, your right to use your Points balance immediately ceases. We will use reasonableefforts to investigate Points balances that are subject to access limitations and to reach a final decisionon the limitations promptly. In addition, we may limit your use of the Points service, includingapplying limits to: the number of Points you may have credited to your Points balance at one time, thenumber of Points you may redeem within a given time period (for example, one day), and the number


of promotion Points you may obtain in a single event.If we post Points to your balance for an activity that is subsequently voided, canceled or involves areturned item, then we will remove those Points from your balance. You must ensure that we properlypost your Points to your Points balance. If you believe that you have validly acquired Points that wehave not posted to your Points balance, we will not consider posting these Points unless you contactus within 12 months after the date you claimed to have acquired those Points. We may requirereasonable documentation to support your claim.17. Live Search cashback.You can participate in the Live Search cashback service if you are 18 years old, reside in the UnitedStates and satisfy the requirements described in this contract and at the Live Search cashback website (http://search.live.com/cashback). Live Search cashback is a service for you to accumulaterewards for making qualifying purchases from participating stores. These rewards may be redeemedlater for cash or via other payment instrument that you select for your cashback account.You may earn up to Two Thousand Five Hundred U.S. Dollars ($2,500.00) of cashback rewards in acalendar year. You may earn Live Search cashback rewards on purchases that you complete in thesame web browsing session after clicking on advertisements or listings in the Live Search service orthe Live Search cashback service. Eligible advertisements will be marked with the Live Searchcashback logo. You will not earn cashback rewards on purchases where (a) you open the store’s website in a different web browser; (b) your browser is not configured to accept cookies; (c) the purchaseis not completed in the same web browsing session (not to exceed 24 hours) initiated by clicking onthe eligible advertisement or listing; (d) the order is later cancelled or the goods or services are laterreturned; (e) the store does not report the purchase to Microsoft; (f) the goods or services areacquired for resale or other business purposes; (g) you also use a separate discount or coupon; or (h)you exceed the annual monetary cap on cashback rewards. Live Search cashback rewards are notavailable on purchases of gift cards or gift certificates or on purchases you make from yourself orentities that you control or in collusion with other people.There may be additional limitations on purchases on certain merchant sites, and those limitations willbe disclosed on the merchant site. Your participation in the Live Search cashback service on suchmerchant sites will be subject to these terms and conditions as well as any additional ones disclosedon the merchant site. In the event of a conflict between any of these terms and conditions and thosedisclosed on the merchant site, the ones disclosed on the merchant site will apply and control. Toparticipate in the service you must set up a Live Search cashback account athttps://cashbackaccount.search.live.com/cashback/welcome.aspx by providing all of the requiredregistration information. You must keep this account information up to date, accurate and secure.You may not barter, trade or otherwise exchange your account or maintain more than one account.We will describe the Live Search cashback rewards available for associated qualifying purchases.Within two days after a qualifying purchase is reported to us, we will list the purchase in your accountwith a status of “pending.” The purchase will stay in pending status for a period of up to 60 days(although for certain merchants, the period can extend up to 90 days) to account for returns, refunds,fraud and other processing issues. After this point, if the purchase is eligible for rewards, it will bemarked as “available” in your account and the associated rewards will be eligible for redemption asdescribed below. You must ensure that we properly post rewards to your account. If you believethat you have earned rewards that are not posted to your account, we will not consider posting themto your account unless you contact us within six months after the date of the associated purchase. Wemay require reasonable documentation to support your claim.Live Search cashback rewards have no monetary value until the associated purchases are approvedand you make a proper redemption request. You may request redemptions from your account,


subject to then-current minimum redemption requirements. Redemptions for cash payments aresubject to section 8 above. There may be additional limitations for redeeming rewards on purchasesfrom certain merchant sites, and those limitations will be disclosed on the merchant site. We mayoffer additional redemption options. You are responsible for any tax liability from your participation inthe service.Microsoft may disqualify transactions, seek return of previously paid cashback rewards, refuseredemptions and/or close your account at any time if you participate in any fraud or abuse relating tothe service (including conducting “sham” transactions or otherwise colluding with merchants), makeany misrepresentation in connection with your participation in the service or do not comply with thiscontract. Microsoft also may close your account if it has been inactive for 12 months (i.e., noqualifying purchases or redemption of rewards during the 12-month period). Accrued butunredeemed Live Search cashback rewards in accounts that are closed will be returned to Microsoft.Advertisers, merchants and service providers for the Live Search cashback service, while beneficiariesof the disclaimers and limitations of liability in sections 20 and 21 below, have no obligations to youfor the service or under this contract.18. Requirements For Placing Advertisements.You may be able to place advertisements in or through the service. We have no obligation to displayany part of the advertising content. With respect to any advertising content you provide, you promisethat:all advertising content is accurate, complete and current;you have all necessary rights, power and authority to publish the advertising content;the advertising content, and any web site listed or linked to from the advertising content:o complies with all applicable laws and regulations;o does not infringe, misappropriate or otherwise violate any copyright, patent, trademark, servicemark, trade secret or other intellectual property right of any third party;o does not breach the rights of any person or entity, including rights of publicity or privacy, and isnot defamatory; ando does not result in consumer fraud (including being false or misleading), product liability, tort,breach of contract, injury, damage or harm of any kind to any person or entity.you possess documents substantiating all claims, express and implied, contained within theadvertising content.19. How We May Change the Contract.If we change this contract, then we will tell you at least 30 days before the change takes place. If youdo not agree to these changes, then you must cancel and stop using the service before the changetakes place. If you do not stop using the service, then your use of the service will continue under thechanged contract.20. WE MAKE NO WARRANTY.We provide the service “as-is,” “with all faults” and “as available.” We do not guarantee theaccuracy or timeliness of information available from the service. We and our affiliates,resellers, distributors and vendors (collectively, the “Microsoft parties”) give no expresswarranties, guarantees or conditions. You may have additional consumer rights under yourlocal laws that this contract cannot change. We exclude any implied warranties includingthose of merchantability, fitness for a particular purpose, workmanlike effort andnon-infringement.


21. LIABILITY LIMITATION.You can recover from the Microsoft parties only direct damages up to an amount equal toyour service fee for one month. You cannot recover any other damages, includingconsequential, lost profits, special, indirect, incidental or punitive damages.This limitation applies to anything related to: the service, content (including code) on third-party Internet sites, third-party programs or third-party conduct, viruses or other disabling features that affect your access to or use of the service, incompatibility between the service and other services, software and hardware, delays or failures you may have in initiating, conducting or completing any transmissions ortransactions in connection with the service in an accurate or timely manner, and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligenceor other tort.It also applies even if: this remedy does not fully compensate you for any losses, or fails of its essential purpose; or Microsoft knew or should have known about the possibility of the damages.Some states do not allow the exclusion or limitation of incidental or consequentialdamages, so the above limitations or exclusions may not apply to you. They also may notapply to you because your province or country may not allow the exclusion or limitation ofincidental, consequential or other damages.22. Changes to the Service; If We Cancel the Service.We may change the service or delete features at any time and for any reason. We may cancelor suspend your service at any time. Our cancellation or suspension may be without cause and/orwithout notice. Upon service cancellation, your right to use the service stops right away. Once theservice is cancelled or suspended, any data you have stored on the service may not beretrieved later. Our cancellation of the service will not alter your obligation to pay all charges madeto your billing account. If we cancel the service in its entirety without cause, then we will refund toyou on a pro-rata basis the amount of payments that you have made corresponding to the portion ofyour service remaining right before the cancellation.23. Interpreting the Contract.All parts of this contract apply to the maximum extent permitted by law. A court may holdthat we cannot enforce a part of this contract as written. If this happens, then you and we will replacethat part with terms that most closely match the intent of the part that we cannot enforce. The rest ofthis contract will not change. This is the entire contract between you and us regarding your use of theservice. It supersedes any prior contract or statements regarding your use of the service. If you haveconfidentiality obligations related to the service, those obligations remain in force (for example, youmay have been a beta tester). The section titles in the contract do not limit the other terms of thiscontract.24. Assignment.We may assign this contract, in whole or in part, at any time with or without notice to you. You may


not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void.You may not transfer to anyone else, either temporarily or permanently, any rights to use the serviceor any part of the service.25. No Third Party Beneficiaries.This contract is solely for your and our benefit. It is not for the benefit of any other person, except forpermitted successors and assigns under this contract.26. Claim Must Be Filed Within One Year.Any claim related to this contract or the service may not be brought unless brought withinone year. The one-year period begins on the date when the claim first could be filed. If it isnot filed in time, then that claim is permanently barred. This applies to you and yoursuccessors. It also applies to us and our successors and assigns.27. Your Notices to Us.You may notify us as stated in the customer support or “help” area for the service. We do not accepte-mail notices.28. Notices We Send You; Consent Regarding Electronic Information.This contract is in electronic form. We have promised to send you certain information in connectionwith the service and have the right to send you certain additional information. There may be otherinformation regarding the service that the law requires us to send you. We may send you thisinformation in electronic form. You have the right to withdraw this consent, but if you do, we maycancel your service. We may provide required information to you: by e-mail at the e-mail address you specified when you signed up for your service; by access to a Microsoft web site that will be designated in an e-mail notice sent to you atthe time the information is available; or by access to a Microsoft web site that will be generally designated in advance for thispurpose.Notices provided to you via e-mail will be deemed given and received on the transmissiondate of the e-mail. As long as you can access and use the service, you have the necessary softwareand hardware to receive these notices. If you do not consent to receive any notices electronically, youmust stop using the service.29. Contracting Party, Choice of Law and Location for Resolving Disputes. This contract isbetween you and the Microsoft company for your country or region. In this section, find the country orregion where you live (if you are signing up for the service as an individual person) or your business islocated (if you are signing up for services for your business) in the subsections below, and in thatsubsection you will find the Microsoft company that is contracting with you and the choice of law andthe location for resolving disputes with the Microsoft company.a. 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 toclaims for breach of it, regardless of conflict of laws principles. All other claims, including claimsregarding consumer protection laws, unfair competition laws, and in tort, will be subject to thelaws of your state of residence in the United States, or if you live outside the United States, thelaws of the country to which we direct your service. You and we irrevocably consent to theexclusive jurisdiction and venue of the state or federal courts in King County, Washington, U.S.A.,for all disputes arising out of or relating to this contract.b. 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 ArabEmirates, United Kingdom or Yemen, then you are contracting with Microsoft LuxembourgS.à.r.l., 20 Rue Eugene Ruppert, Immeuble Laccolith, 1st Floor, L-2543 Luxembourg, and the lawsof Luxembourg govern the interpretation of this contract and apply to claims for breach of it,regardless of conflict of laws principles. All other claims, including claims regarding consumerprotection laws, unfair competition laws, and in tort, will be subject to the laws of the country towhich we direct your service. You and we irrevocably agree to the exclusive jurisdiction and venueof the Luxembourg courts for all disputes arising out of or relating to this contract.c. Japan. If you live or your business is headquartered in Japan, and you receive software from us aspart of the service, then, unless we tell you otherwise, you are licensing the software from MicrosoftOperations Pte Ltd, 1 Marina Boulevard, #22-01 One Marina Blvd, Singapore 01898. Otherwiseyou 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 outof or relating to this contract. You and we irrevocably agree that exclusive original jurisdiction andvenue will lie in the Tokyo District Court.d. 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 withMicrosoft Operations, Pte Ltd, 1 Marina Boulevard, #22-01 One Marina Blvd, Singapore 01898, andthe laws of Singapore govern this contract. You and we irrevocably agree to the exclusivejurisdiction and venue of the Singapore courts for all disputes arising out of or relating to thiscontract. Any dispute arising out of or in connection with this agreement, including any questionregarding its existence, validity or termination shall be referred to and finally resolved by arbitrationin Singapore in accordance with the Arbitration Rules of the Singapore International ArbitrationCenter, which rules are deemed to be incorporated by reference into this clause. The Tribunal shallconsist of one arbitrator to be appointed by the Chairman of SIAC. The language of arbitration shallbe English. The decision of the arbitrator shall be final, binding and incontestable and may be usedas a basis for judgment thereon in any country or region.e. India. If you live or your business is headquartered in India, then you are contracting withMicrosoft Regional Sales Corporation, a corporation organized under the laws of the State ofNevada, USA, with a branch in Singapore, having its principal place of business at 438B AlexandraRoad, #04-09/12, Block B, Alexandra Technopark, Singapore, 119968, and the laws of Washingtonstate law govern 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 ortermination shall be referred to and finally resolved by arbitration in Singapore in accordance withthe Arbitration Rules of the Singapore International Arbitration Center, which rules are deemed tobe incorporated by reference into this clause. The Tribunal shall consist of one arbitrator to beappointed by the Chairman of SIAC. The language of arbitration shall be English. The decision ofthe arbitrator shall be final, binding and incontestable and may be used as a basis for judgmentthereon in India or elsewhere.f. China. If you live or your business is headquartered in China, then you are contracting withMicrosoft Corporation, One Microsoft Way, Redmond, WA 98052, United States, and Washingtonstate law governs this contract, regardless of conflict of laws principles. The jurisdiction of the stateor federal courts in King County, Washington, United States is non-exclusive.g. Korea. If you live or your business is headquartered in Korea, then you are contracting withMicrosoft Korea, Inc., POSCO Bldg, 8th Floor, 892 Daechi 4-Dong, Kangnam-Gu, Seoul, Korea135-777, and the laws of the Republic of Korea govern this contract. You and we irrevocably agreeto exclusive original jurisdiction and venue in the Seoul District Court.h. Taiwan. If you live or your business is headquartered in Taiwan, then you are contracting withMicrosoft Taiwan Corporation, 8F, No 7 Sungren Road, Shinyi Chiu, Taipei, Taiwan 110, and thelaws of Taiwan govern this contract. You and we irrevocably designate the Taipei District Court asthe court of first instance having jurisdiction over any disputes arising out of or in connection withthis contract.NOTICESNotices and Procedure for Making Claims of Copyright InfringementUnder Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringementshould be sent to service provider's designated agent. ALL INQUIRIES NOT RELEVANT TO THEFOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure forMaking Claims of Copyright Infringement athttp://www.microsoft.com/info/cpyrtInfrg.htm.Copyright and Trademark NoticesAll contents of the service are Copyright © 2008 Microsoft Corporation and/or its suppliers, OneMicrosoft Way, Redmond, Washington 98052-6399 U.S.A. All rights reserved. Copyright and otherintellectual property laws and treaties protect any software or content provided as part of the service.We or our suppliers own the title, copyright and other intellectual property rights in the software orcontent. Microsoft, Windows, Windows Live, Windows logo, MSN, MSN logo (butterfly), OneCareand/or other Microsoft products and services referenced herein may also be either trademarks orregistered trademarks of Microsoft in the United States and/or other countries. The names of actualcompanies and products mentioned herein may be the trademarks of their respective owners. Theexample companies, organizations, products, domain names, e-mail addresses, logos, people, placesand events depicted herein are fictitious. No association with any real company, organization, product,domain name, e-mail address, logo, person, places or events is intended or should be inferred. Anyrights not expressly granted herein are reserved. Certain software used in certain Microsoft web sitesservers is based in part on the work of the Independent JPEG Group. Copyright © 1991 -1996 ThomasG. Lane. All rights reserved. "gnuplot" software used in certain Microsoft web sites servers is copyright© 1986-1993 Thomas Williams, Colin Kelley. All rights reserved.


Potentially Unwanted SoftwareIf you remove or disable “spyware,” “adware” and other potentially unwanted software (“potentiallyunwanted software”), it may cause other software on your computer to stop working, and it maycause you to breach a license to use other software on your computer (such as where the othersoftware installed the potentially unwanted software on your computer as a condition of your use ofthe other software). By using features of the service intended to help you remove or disablepotentially unwanted software, it is possible that you will also remove or disable software that is notpotentially unwanted software. If a feature of the service prompts you before removing or disablingpotentially unwanted software, you are solely responsible for selecting which potentially unwantedsoftware the service removes or disables. Before authorizing the removal of any potentially unwantedsoftware, you should read the license agreements for the potentially unwanted software.Stock Quotes and E-mail AlertsStock quotes appearing on the service are supplied by S&P ComStock, Inc. ("ComStock"). Unlessotherwise indicated, stock quotes are delayed at least 20 minutes (NASDAQ stock quotes are delayedat least 15 minutes). Stock quotes indicated as "real-time quotes" are made available without delayfollowing their receipt from ComStock. Your actual receipt of real-time quotes may be affected bydelays in transmission over the Internet and by other causes. All stock quotes are labeled with "timeof last trade" to indicate the timeliness of the data.All information provided by ComStock and its affiliates (the "ComStock Information") included in theservice is owned by or licensed to ComStock and its affiliates and any user is permitted to store,manipulate, analyze, reformat, print and display the ComStock Information only for such user'spersonal use. In no event shall any user publish, retransmit, redistribute or otherwise reproduce anyComStock Information in any format to anyone, and no user shall use any ComStock Information in orin connection with any business or commercial enterprise, including, without limitation, any securities,investment, accounting, banking, legal or media business or enterprise. Prior to the execution of asecurity trade based upon the ComStock Information, you are advised to consult with your broker orother financial representative to verify pricing information. Neither ComStock nor its affiliates makeany express or implied warranties (including, without limitation, any warranty or merchantability orfitness for a particular purpose or use) regarding the ComStock Information. The ComStockInformation is provided to the users "as is." Neither ComStock nor its affiliates will be liable to anyuser or anyone else for any interruption, inaccuracy, error or omission, regardless of cause, in theComStock Information or for any damages (whether direct or indirect, consequential, punitive orexemplary) resulting therefrom.Third Party Account InformationBy using the "My Accounts" service through the service, you authorize Microsoft and its agents toaccess third-party sites designated by you or on your behalf, to retrieve information requested by you,and you appoint Microsoft and its agents as your agent for this limited purpose. Each time you enteryour account login information, you are permitting Microsoft and its agents to process your requestand use information submitted by you to accomplish the foregoing. You will choose a password whenregistering.MSN Bill Pay Service Terms of Use and Privacy StatementThe MSN Bill Pay service is provided by a third-party service provider. Click here to view the


third-party service provider's terms and conditions for use of the MSN Bill Pay service and the privacypolicy applicable to how the third-party service provider handles your data for the MSN Bill Payservice.Parental ControlsMicrosoft offers parental control protections that help you limit access to material that is harmful tominors. If you are interested in learning more about these protections, information is available athttp://www.staysafe.org or other similar sites providing information on parental control protections.Financial NoticeMicrosoft is not a broker/dealer or registered investment advisor under United States federal securitieslaw or securities laws of other jurisdictions, and does not advise individuals as to the advisability ofinvesting in, purchasing or selling securities or other financial products or services. Nothing containedin the service constitutes an offer or solicitation to buy or sell any security. Microsoft does not endorseor recommend any particular financial products or services. Nothing contained in the service isintended to constitute professional advice, including but not limited to, investment or tax advice.Windows Supplemental CodePLEASE NOTE: Microsoft Corporation (or based on where you live or where your business isheadquartered, one of the Microsoft companies referenced in section 29) licenses this supplement toyou. You may use a copy of this supplement with each validly licensed copy of Microsoft Windowssoftware identified for use with it (the “software”). You may not use it if you do not have a license forthe software. The license terms for the software apply to your use of this supplement. Thissupplement is covered by the Microsoft Online Privacy Statement, available athttp://go.microsoft.com/fwlink/?LinkId=74170.Notice About VC-1 Visual StandardsThe software may include VC-1 visual decoding technology. MPEG LA, L.L.C. requires this notice:THIS PRODUCT IS <strong>LICENSE</strong>D UNDER THE VC-1 PATENT PORTFOLIO <strong>LICENSE</strong>S <strong>FOR</strong> THE PERSONALAND NON-COMMERCIAL USE OF A CONSUMER TO (A) ENCODE VIDEO IN COMPLIANCE WITH THEVC-1 STANDARD (“VC-1 VIDEO”) OR (B) DECODE VC-1 VIDEO THAT WAS ENCODED BY A CONSUMERENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEOPROVIDER <strong>LICENSE</strong>D TO PROVIDE VC-1 VIDEO. NO <strong>LICENSE</strong> IS GRANTED OR SHALL BE IMPLIED <strong>FOR</strong>ANY OTHER USE.If you have questions about the VC-1 visual standard, please contact MPEG LA, L.L.C., 250 SteeleStreet, Suite 300, Denver, Colorado 80206; http://www.mpegla.comRespect CopyrightPlease respect the rights of artists and creators. Content such as music, photos and video may beprotected by copyright. People appearing in content may have a right to control use of their image.You may not share other people’s content unless you own the rights or have permission from theowner.SupportCustomer support is not offered for the service, unless provided otherwise in this contract or thematerials we publish in connection with a particular service specify that it includes customer support.MICROSOFT SOFTWARE <strong>LICENSE</strong> TERMSMICROSOFT SECURITY ESSENTIALS 1.0


These license terms are an agreement between Microsoft Corporation (or based on where you live, oneof its affiliates) and you. Please read them. They apply to the software named above, which includes themedia on which you received it, if any. The terms also apply to any Microsoft· updates,· supplements,· Internet-based services, and· support servicesfor this software, unless other terms accompany those items. If so, those terms apply.By using the software, you accept these terms. If you do not accept them, do not use thesoftware.As described below, installation or use of the software also operates as your consent to thetransmission of certain standard computer information during validation, automaticdownload and installation of certain updates, and for Internet-based services.If you comply with these license terms, you have the rights below for each license youacquire.1. INSTALLATION AND USE RIGHTS.a. Use. You may install and use any number of copies of the software on your devices in yourhousehold for use by people who reside there or for use in your home-based small business.b. Separation of Components. The components of the software are licensed as a single unit. Youmay not separate the components and install them on different devices.c. Included Microsoft Programs. The software may contain other Microsoft programs. Thelicense terms with those programs apply to your use of them.2. VALIDATION.a. The software may cause the operating system software to conduct validation checks of youroperating system software from time to time, depending upon your specific operating system.b. Validation verifies that your computer’s operating system has been activated and is properlylicensed. Validation also permits you to use certain features of the operating system software orto obtain additional benefits.c. If a validation check is performed, the operating system software will send information about thesoftware and your operating system software to Microsoft. This information includes the versionsof the software and operating system software. Microsoft does not use the information to identifyor contact you. By using the software, you consent to the transmission of thisinformation. For more information, seehttp://www.microsoft.com/genuine/downloads/PrivacyInfo.aspx.d. If, after a validation check, your operating system software is found not to be properly licensed,the software you are installing may be disabled, or the functionality of the operating systemsoftware may be affected, depending upon your specific operating system and applicable laws.For example, you may need to reactivate the operating system software or you may receive


eminders to obtain a properly licensed copy of the operating system software, or you may notbe able to use or continue to use some of the features of the operating system software orobtain certain updates, upgrades or services from Microsoft.e. You may only obtain updates or upgrades for the operating system software from Microsoft orauthorized sources. For more information on obtaining updates from authorized sources, seewww.microsoft.com/genuine/downloads/faq.aspx.3. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software.Except as otherwise noted in materials accompanying a service, it may change or cancel them at anytime.a. Consent for Internet-Based Services. The software features described below connect toMicrosoft or service provider computer systems over the Internet. In some cases, you will notreceive a separate notice when they connect. Unless otherwise noted, you may switch off thesefeatures or not use them. For more information about these features, seehttp://go.microsoft.com/fwlink/?LinkId=148744. By using these features, you consent tothe transmission of this information. Microsoft does not use the information to identify orcontact you.Computer Information. The following features use Internet protocols, which send to theappropriate systems computer information, such as your Internet protocol address, the type ofoperating system, browser and name and version of the software you are using, and thelanguage code of the device where you installed the software. Microsoft uses this information tomake the Internet-based services available to you.· Microsoft Update Feature. By installing the software on your device, you also agree toreceive updates using the Microsoft Update center. This feature provides you with thelatest updates against malware threats and can update your device with the latestupdates as needed. If you do not enlist in the Microsoft Update center, you will not beable to install and operate the software. For more information about the MicrosoftUpdate feature, see http://go.microsoft.com/fwlink/?LinkId=148744.· Microsoft Digital Rights Management. If you use the software to access content that hasbeen protected with Microsoft Digital Rights Management (DRM), in order to let you playthe content, the software may automatically request media usage rights from a rightsserver on the Internet and download and install available DRM Updates. For moreinformation, see http://go.microsoft.com/fwlink/?LinkId=123883.· Malicious Software Removal. The software will check for and remove certain high severitymalicious software (“Malware”) from your device automatically during scheduled scansand after discovery. When the software checks your device for Malware, a report will besent to Microsoft about any Malware detected or errors that occur while the software ischecking for Malware, specific information relating to the detection, errors that occurredwhile the software was checking for Malware, and other information about your devicethat will help us improve this and other Microsoft products and services. No informationthat can be used to identify you is included in the report.· Error Reports. This software automatically sends error reports to Microsoft that describewhich software components had errors. No files or memory dumps will be sent unlessyou choose to send them. From time-to-time, we will also download a small file to yourcomputer that permits us to collect information about specific errors you have whileusing the software. For more information about Error Reports, seehttp://go.microsoft.com/fwlink/?LinkId=148744.


· Potentially Unwanted Software. The software will search your computer for low tomedium severity Malware, including but not limited to, spyware, and other potentiallyunwanted software ("Potentially Unwanted Software"). The software will only remove ordisable low to medium severity Potentially Unwanted Software if you agree. Removingor disabling this Potentially Unwanted Software may cause other software on yourcomputer to stop working, and it may cause you to breach a license to use othersoftware on your computer, if the other software installed this Potentially UnwantedSoftware on your computer as a condition of your use of the other software. You shouldread the license agreements for other software before authorizing the removal of thisPotentially Unwanted Software. By using this software, it is possible that you or thesystem will also remove or disable software that is not Potentially Unwanted Software.· Microsoft SpyNet Participation. When you install the software, Microsoft SpyNet allowsusers to become part of a network community of users that report spyware and otherforms of Potentially Unwanted Software to Microsoft. Upon initial installation, users willbe opted-in by default to participate in Microsoft SpyNet under a “basic” membership,which allows the software to report potential threats identified in the software that havenot yet been analyzed for risks. The reports include information about the files orprograms in question. For more information about Microsoft SpyNet and the informationcollected for reports, see the privacy statement athttp://go.microsoft.com/fwlink/?LinkId=148744.· Automatic Updates. This software may contain Silverlight technology. If it does,Silverlight contains an Automatic Update feature that is on by default. Microsoft maychange or cancel it at any time. For more information about this feature, seehttp://go.microsoft.com/fwlink/?LinkId=123883. You may turn off this feature while thesoftware is running (“opt-out”). Unless you expressly opt out of this feature, this featurewill (a) connect to Microsoft or service provider computer systems over the Internet, (b)use Internet protocols to send to the appropriate systems your computer information,such as your Internet protocol address, the type of operating system, browser and nameand version of the software you are using, and the language code of the device whereyou installed the software, and (c) automatically download and install, or prompt you todownload and/or install, current Updates to a previous version of the software. Byinstalling the software and not opting out of this feature, you consent to the transmissionof your computer information and the automatic downloading and installation of Updates.4. SCOPE OF <strong>LICENSE</strong>. The software is licensed, not sold. This agreement only gives you some rightsto use the software. Microsoft reserves all other rights. Unless applicable law gives you more rightsdespite this limitation, you may use the software only as expressly permitted in this agreement. Indoing so, you must comply with any technical limitations in the software that only allow you to use itin certain ways. You may not· disclose the results of any benchmark tests of the software to any third party without Microsoft’sprior written approval;· work around any technical limitations in the software;· reverse engineer, decompile or disassemble the software, except and only to the extent thatapplicable law expressly permits, despite this limitation;· make more copies of the software than specified in this agreement or allowed by applicable law,despite this limitation;


· publish the software for others to copy;· rent, lease or lend the software; or· use the software for commercial software hosting services.5. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstallthe software.6. DOCUMENTATION. Any person that has valid access to your computer or internal network maycopy and use the documentation for your internal, reference purposes.7. NOTICE ABOUT VC-1 VISUAL STANDARDS. This software may include VC-1 visual decodingtechnology. MPEG LA, L.L.C. requires this notice:THIS PRODUCT IS <strong>LICENSE</strong>D UNDER THE VC-1 PATENT PORTFOLIO <strong>LICENSE</strong>S <strong>FOR</strong> THE PERSONALAND NON-COMMERCIAL USE OF A CONSUMER TO (A) ENCODE VIDEO IN COMPLIANCE WITH THEVC-1 STANDARD (“VC-1 VIDEO”) OR (B) DECODE VC-1 VIDEO THAT WAS ENCODED BY ACONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINEDFROM A VIDEO PROVIDER <strong>LICENSE</strong>D TO PROVIDE VC-1 VIDEO. NO <strong>LICENSE</strong> IS GRANTED ORSHALL BE IMPLIED <strong>FOR</strong> ANY OTHER USE.If you have questions about the VC-1 visual standard, please contact MPEG LA, L.L.C., 250 SteeleStreet, Suite 300, Denver Colorado 80206; http://www.mpegla.com.8. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations.You must comply with all domestic and international export laws and regulations that apply to thesoftware. These laws include restrictions on destinations, end users and end use. For additionalinformation, see www.microsoft.com/exporting.9. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.For more information on support provided for the software, go to.10. ENTIRE <strong>AGREEMENT</strong>. This agreement (including the warranty below), any addendum oramendment included with the software, and the terms for supplements, updates, Internet-basedservices and support services that you use, are the entire agreement for the software and supportservices.11. APPLICABLE LAW.a. United States. If you acquired the software in the United States, Washington state law governsthe interpretation of this agreement and applies to claims for breach of it, regardless of conflict oflaws principles. The laws of the state where you live govern all other claims, including claimsunder state consumer protection laws, unfair competition laws, and in tort.b. Outside the United States. If you acquired the software in any other country, the laws of thatcountry apply.12. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under thelaws of your state or country. You may also have rights with respect to the party from whom youacquired the software. This agreement does not change your rights under the laws of your state orcountry if the laws of your state or country do not permit it to do so.13. DISCLAIMER OF WARRANTY. The software is licensed “as-is.” You bear the risk of


using it. Microsoft gives no express warranties, guarantees or conditions. You mayhave additional consumer rights under your local laws which this agreement cannotchange. To the extent permitted under your local laws, Microsoft excludes the impliedwarranties of merchantability, fitness for a particular purpose and non-infringement.14. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover fromMicrosoft and its suppliers only direct damages up to U.S. $5.00. You cannot recoverany other damages, including consequential, lost profits, special, indirect or incidentaldamages.This limitation applies to· anything related to the software, services, content (including code) on third party Internet sites,or third party programs; and· claims for breach of contract, breach of warranty, guarantee or condition, strict liability,negligence, or other tort to the extent permitted by applicable law.It also applies even if Microsoft knew or should have known about the possibility of the damages.The above limitation or exclusion may not apply to you because your country may not allow theexclusion or limitation of incidental, consequential or other damages.MICROSOFT SOFTWARE <strong>LICENSE</strong> TERMSMICROSOFT ® PLAYREADY ® PC RUNTIME EULAThese license terms are an agreement between Microsoft Corporation (or based on where you live, oneof its affiliates) and you. Please read them. They apply to the software named above, which includesthe media on which you received it, if any. The terms also apply to any Microsoft· updates,· supplements,· Internet-based services, and· support servicesfor this software, unless other terms accompany those items. If so, those terms apply.By using the software, you accept these terms. If you do not accept them, do not use thesoftware.As described below, using some features also operates as your consent to the transmissionof certain standard computer information for Internet-based services.If you comply with these license terms, you have the rights below.1. INSTALLATION AND USE RIGHTS. You may install and use one copy of the software on yourdevice.


2. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. Itmay change or cancel them at any time.a. Consent for Internet-Based Services. The software feature described below connects toMicrosoft or service provider computer systems over the Internet. In some cases, you will notreceive a separate notice when they connect. By using this feature, you consent to thetransmission of this information. Microsoft does not use the information to identify orcontact you.b. Computer Information. The following feature uses Internet protocols, which send to theappropriate systems computer information, such as your Internet protocol address, the type ofoperating system, browser and name and version of the software you are using, and thelanguage code of the device where you installed the software. Microsoft uses this information tomake the Internet-based service available to you.c. Microsoft PlayReady Content Access Technologyi. Revocation. Content owners use Microsoft ® PlayReady ® content accesstechnology to protect their intellectual property, including copyrighted content. If thePlayReady software fails to protect the content, content owners may ask Microsoft torevoke the software’s ability to use PlayReady to play, subscribe, purchase, rent, stream,sideload or copy protected content. Revocation does not affect unprotected content.You agree that by using PlayReady software, software applications using PlayReady mayautomatically download and install revocation lists from Microsoft.ii. DRM Updates. Updates to PlayReady may be required in order to accesscontent that is protected by PlayReady. When you attempt to play content that requiresa DRM update or if the security of your version of PlayReady is compromised, PlayReadywill (a) connect to the Microsoft or service provider computer systems over the Internet,and (b) use Internet protocols to send the appropriate systems standard computerinformation, troubleshooting data, and a unique identifier for your PlayReady version andinformation about your PlayReady version, such as revisions, security levels andcertificates. If you decline an update, you will not be able to access content thatrequires the update.3. SCOPE OF <strong>LICENSE</strong>. The software is licensed, not sold. This agreement only gives you somerights to use the software. Microsoft reserves all other rights. Unless applicable law gives you morerights despite this limitation, you may use the software only as expressly permitted in this agreement.In doing so, you must comply with any technical limitations in the software that only allow you to useit in certain ways. You may not· disclose the results of any benchmark tests of the software to any third party without Microsoft’sprior written approval;· work around any technical limitations in the software;· reverse engineer, decompile or disassemble the software, except and only to the extent thatapplicable law expressly permits, despite this limitation;· make more copies of the software than specified in this agreement or allowed by applicable law,despite this limitation;· publish the software for others to copy;


· rent, lease or lend the software;· transfer the software or this agreement to any third party; or· use the software for commercial software hosting services.4. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstallthe software.5. DOCUMENTATION. Any person that has valid access to your computer or internal network maycopy and use the documentation for your internal, reference purposes.6. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations.You must comply with all domestic and international export laws and regulations that apply to thesoftware. These laws include restrictions on destinations, end users and end use. For additionalinformation, see www.microsoft.com/exporting .7. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.8. ENTIRE <strong>AGREEMENT</strong>. This agreement, and the terms for supplements, updates, Internet-basedservices and support services that you use, are the entire agreement for the software and supportservices.9. APPLICABLE LAW.a. United States. If you acquired the software in the United States, Washington state lawgoverns the interpretation of this agreement and applies to claims for breach of it, regardless ofconflict of laws principles. The laws of the state where you live govern all other claims, includingclaims under state consumer protection laws, unfair competition laws, and in tort.b. Outside the United States. If you acquired the software in any other country, the laws ofthat country apply.10. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights underthe laws of your country. You may also have rights with respect to the party from whom youacquired the software. This agreement does not change your rights under the laws of your countryif the laws of your country do not permit it to do so.11. DISCLAIMER OF WARRANTY. The software is licensed “as-is.” You bear the risk ofusing it. Microsoft gives no express warranties, guarantees or conditions. You mayhave additional consumer rights under your local laws which this agreement cannotchange. To the extent permitted under your local laws, Microsoft excludes the impliedwarranties of merchantability, fitness for a particular purpose and non-infringement.12. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover fromMicrosoft and its suppliers only direct damages up to U.S. $5.00. You cannot recoverany other damages, including consequential, lost profits, special, indirect or incidentaldamages.This limitation applies to· anything related to the software, services, content (including code) on third party Internet sites,or third party programs; and


· claims for breach of contract, breach of warranty, guarantee or condition, strict liability,negligence, or other tort to the extent permitted by applicable law.It also applies even if Microsoft knew or should have known about the possibility of the damages.The above limitation or exclusion may not apply to you because your country may not allow theexclusion or limitation of incidental, consequential or other damages.Remarque : Ce logiciel étant distribué au Québec, Canada, certaines des clauses dans cecontrat sont fournies ci-dessous en français.EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel ». Toute utilisationde ce logiciel est à votre seule risque et péril. Microsoft n’accorde aucune autre garantie expresse. Vouspouvez bénéficier de droits additionnels en vertu du droit local sur la protection des consommateurs, quece contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites dequalité marchande, d’adéquation à un usage particulier et d’absence de contrefaçon sont exclues.LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LESDOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas dedommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucuneindemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires etpertes de bénéfices.Cette limitation concerne:· tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur dessites Internet tiers ou dans des programmes tiers ; et· les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilitéstricte, de négligence ou d’une autre faute dans la limite autorisée par la loi en vigueur.Elle s’applique également, même si Microsoft connaissait ou devrait connaître l’éventualité d’un teldommage. Si votre pays n’autorise pas l’exclusion ou la limitation de responsabilité pour les dommagesindirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l’exclusion ci-dessusne s’appliquera pas à votre égard.EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d’autresdroits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confèrentles lois de votre pays si celles-ci ne le permettent pas.WINDOWS MEDIA PLAYERMICROSOFT SOFTWARE SUPPLEMENTAL <strong>LICENSE</strong> TERMSSOFTWARE SUPPLEMENT <strong>FOR</strong> MICROSOFT WINDOWS OPERATING SYSTEMMicrosoft Corporation (or based on where you live, one of its affiliates) licenses this supplement to you.If you are licensed to use Microsoft Windows operating system software (for which this supplement isapplicable) (the "software"), you may use this supplement. You may not use it if you do not have alicense for the software. You may use this supplement with each validly licensed copy of the software.


Microsoft provides support services for this software as described atwww.support.microsoft.com/common/international.aspx.If you are supplementing a version of the software without media player functionality, the followinglicense terms describe additional use terms for this supplement and new use terms for the software.These terms and the license terms for the software apply to your use of the supplement. If there is aconflict, these supplemental license terms apply.BY USING THIS SUPPLEMENT, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOTUSE THIS SUPPLEMENT.If you comply with these license terms, you have the rights below.1. INSTALLATION OF ADDITIONAL COMPONENTS. The installer for the supplement will downloadand install certain additional components related to media functionality from Windows Update.2. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. Itmay change or cancel them at any time.a. Consent for Internet-Based Services. The software features described below connect toMicrosoft or service provider computer systems over the Internet. In some cases, you will not receive aseparate notice when they connect. You may switch off these features or not use them. For moreinformation about these features, see http://go.microsoft.com/fwlink/?LinkId=74356. By using thesefeatures, you consent to the transmission of this information. Microsoft does not use the information toidentify or contact you.Computer Information. The following features use Internet protocols, which send to theappropriate systems computer information, such as your Internet protocol address, the type of operatingsystem, browser and name and version of the software you are using, and the language code of thedevice where you installed the software. Microsoft uses this information to make the Internet-basedservices available to you.· Windows Media Digital Rights Management. Content owners use Windows Media digital rightsmanagement technology (WMDRM) to protect their intellectual property, including copyrights. Thissoftware and third party software use WMDRM to play and copy protected content. If the software failsto protect the content, content owners may ask Microsoft to revoke the software's ability to use WMDRMto play or copy protected content. Revocation does not affect other content. When you downloadlicenses for protected content, you agree that Microsoft may include a revocation list with the licenses.Content owners may require you to upgrade WMDRM to access their content. Microsoft software thatincludes WMDRM will ask for your consent prior to the upgrade. If you decline an upgrade, you will notbe able to access content that requires the upgrade. You may switch off WMDRM features that accessthe Internet. When these features are off, you can still play content for which you have a valid license.· Windows Media Player. When you use Windows Media Player, it checks with Microsoft for· compatible online music services in your region;· new versions of the player; and· codecs if your device does not have the correct ones for playing content.You can switch off this last feature. For more information, go tohttp://go.microsoft.com/fwlink/?LinkId=74356.3. NOTICE ABOUT THE MPEG-4 VISUAL STANDARD. This software includes MPEG-4 visualdecoding technology. MPEG LA, L.L.C. requires this notice:USE OF THIS PRODUCT IN ANY MANNER THAT COMPLIES WITH THE MPEG-4 VISUALSTANDARD IS PROHIBITED, EXCEPT <strong>FOR</strong> USE DIRECTLY RELATED TO (A) DATA OR IN<strong>FOR</strong>MATION (i)GENERATED BY AND OBTAINED WITHOUT CHARGE FROM A CONSUMER NOT THEREBY ENGAGED IN A


BUSINESS ENTERPRISE, AND (ii) <strong>FOR</strong> PERSONAL USE ONLY; AND (B) OTHER USES SPECIFICALLY ANDSEPARATELY <strong>LICENSE</strong>D BY MPEG LA, L.L.C.If you have questions about the MPEG-4 visual standard, please contact MPEG LA, L.L.C., 250Steele Street, Suite 300, Denver, Colorado 80206; http://www.mpegla.com.4. NOTICE ABOUT THE VC-1 VISUAL STANDARD. This software may include VC-1 visual decodingtechnology. MPEG LA, L.L.C. requires this notice:THIS PRODUCT IS <strong>LICENSE</strong>D UNDER THE VC-1 PATENT PORTFOLIO <strong>LICENSE</strong>S <strong>FOR</strong> THEPERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (A) ENCODE VIDEO IN COMPLIANCEWITH THE VC-1 STANDARD (“VC-1 VIDEO”) OR (B) DECODE VC-1 VIDEO THAT WAS ENCODED BY ACONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINEDFROM A VIDEO PROVIDER <strong>LICENSE</strong>D TO PROVIDE VC-1 VIDEO. NO <strong>LICENSE</strong> IS GRANTED OR SHALLBE IMPLIED <strong>FOR</strong> ANY OTHER USE.If you have questions about the VC-1 visual standard, please contact MPEG LA, L.L.C., 250 SteeleStreet, Suite 300, Denver, Colorado 80206; http://www.mpegla.com.MICROSOFT INTERNET EXPLORERIN<strong>FOR</strong>MATION ON TERMS OF USEUpdated: March 9, 2007ACCEPTANCE OF TERMS.The services that Microsoft provides to you are subject to the following Terms of Use ("TOU"). Microsoftreserves the right to update the TOU at any time without notice to you. The most current version of theTOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Webpages.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 anynew 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 notmodify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative worksfrom, transfer, or sell any information, software, products or services obtained from the Services.PRIVACY AND PROTECTION OF PERSONAL IN<strong>FOR</strong>MATION.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 workof Microsoft and/or its suppliers. Use of the Software is governed by the terms of the end user licenseagreement, if any, which accompanies or is included with the Software ("License Agreement"). An enduser 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 LicenseAgreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violatorswill be prosecuted to the maximum extent possible.WITHOUT LIMITING THE <strong>FOR</strong>EGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANYOTHER SERVER OR LOCATION <strong>FOR</strong> FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLYPROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE<strong>LICENSE</strong> <strong>AGREEMENT</strong> ACCOMPANYING SUCH SOFTWARE.THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE <strong>LICENSE</strong><strong>AGREEMENT</strong>. EXCEPT AS WARRANTED IN THE <strong>LICENSE</strong> <strong>AGREEMENT</strong>, MICROSOFT CORPORATIONHEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE,INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIEDOR STATUTORY, FITNESS <strong>FOR</strong> A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.<strong>FOR</strong> YOUR CONVENIENCE, MICROSOFT MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITSSOFTWARE PRODUCTS, TOOLS AND UTILITIES <strong>FOR</strong> USE AND/OR DOWNLOAD. MICROSOFT DOES NOTMAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THATDERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUALPROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THESERVICES OR IN MICROSOFT SOFTWARE PRODUCTS.RESTRICTED RIGHTS LEG<strong>END</strong>. Any Software which is downloaded from the Services for or on behalf ofthe United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided withRestricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as setforth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rightsat 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 theServices is granted, provided that (1) the below copyright notice appears in all copies and that both thecopyright notice and this permission notice appear, (2) use of such Documents from the Services is forinformational and non-commercial or personal use only and will not be copied or posted on any networkcomputer or broadcast in any media, and (3) no modifications of any Documents are made. Accreditededucational 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 theclassroom 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 extentpossible.Documents specified above do not include the design or layout of the Microsoft.com Web site or anyother 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 orimitated in whole or in part. No logo, graphic, sound or image from any Microsoft Web site may be copiedor retransmitted unless expressly permitted by Microsoft.MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THESUITABILITY OF THE IN<strong>FOR</strong>MATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICSPUBLISHED AS PART OF THE SERVICES <strong>FOR</strong> ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATEDGRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MICROSOFT AND/OR ITSRESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TOTHIS IN<strong>FOR</strong>MATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS <strong>FOR</strong> A PARTICULAR PURPOSE, TITLE ANDNON-INFRINGEMENT. IN NO EVENT SHALL MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE<strong>FOR</strong> ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVERRESULTING 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 ORPER<strong>FOR</strong>MANCE OF IN<strong>FOR</strong>MATION AVAILABLE FROM THE SERVICES.THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDETECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TOTHE IN<strong>FOR</strong>MATION HEREIN. MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKEIMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBEDHEREIN AT ANY TIME.NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEBSITE.IN NO EVENT SHALL MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE <strong>FOR</strong> ANY SPECIAL,INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OFUSE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUSACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PER<strong>FOR</strong>MANCE OF SOFTWARE,DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR IN<strong>FOR</strong>MATION AVAILABLE FROMTHE SERVICES.MEMBER ACCOUNT, PASSWORD, AND SECURITY.If any of the Services requires you to open an account, you must complete the registration process byproviding us with current, complete and accurate information as prompted by the applicable registrationform. You also will choose a password and a user name. You are entirely responsible for maintaining theconfidentiality of your password and account. Furthermore, you are entirely responsible for any and allactivities that occur under your account. You agree to notify Microsoft immediately of any unauthorizeduse of your account or any other breach of security. Microsoft will not be liable for any loss that you mayincur 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 elseusing your account or password. You may not use anyone else's account at any time, without thepermission 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 unlawfulor prohibited by these terms, conditions, and notices. You may not use the Services in any manner thatcould damage, disable, overburden, or impair any Microsoft server, or the network(s) connected to anyMicrosoft server, or interfere with any other party's use and enjoyment of any Services. You may notattempt to gain unauthorized access to any Services, other accounts, computer systems or networksconnected to any Microsoft server or to any of the Services, through hacking, password mining or anyother means. You may not obtain or attempt to obtain any materials or information through any meansnot intentionally made available through the Services.USE OF SERVICESThe 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 orcommunication facilities designed to enable you to communicate with others (each a "CommunicationService" and collectively "Communication Services"). You agree to use the Communication Services onlyto post, send and receive messages and material that are proper and, when applicable, related to theparticular Communication Service. By way of example, and not as a limitation, you agree that when usingthe Communication Services, you will not:• Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junkemail, 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 andpublicity) of others.• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent orunlawful topic, name, material or information.• Upload, or otherwise make available, files that contain images, photographs, software or other materialprotected by intellectual property laws, including, by way of example, and not as limitation, copyright ortrademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or havereceived all necessary consent to do the same.• Use any material or information, including images or photographs, which are made available through theServices in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary rightof any party.• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any othersimilar 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 CommunicationServices specifically allows such messages.• Download any file posted by another user of a Communication Service that you know, or reasonably shouldknow, 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 propernotices 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 CommunicationService.• 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 ofusers 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 rightto review materials posted to the Communication Services and to remove any materials in its solediscretion. Microsoft reserves the right to terminate your access to any or all of the CommunicationServices at any time, without notice, for any reason whatsoever.Microsoft reserves the right at all times to disclose any information as Microsoft deems necessary tosatisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post orto 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 yourchildren in any Communication Services. Microsoft does not control or endorse the content, messages orinformation found in any Communication Services and, therefore, Microsoft specifically disclaims anyliability with regard to the Communication Services and any actions resulting from your participation inany Communication Services. Managers and hosts are not authorized Microsoft spokespersons, and theirviews 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 downloadthe 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 andsuggestions) or post, upload, input or submit to any Services or its associated services for review by thegeneral public, or by the members of any public or private community, (each a "Submission" andcollectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting")your Submission you are granting Microsoft, its affiliated companies and necessary sublicenseespermission 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 yourSubmission; to publish your name in connection with your Submission; and the right to sublicense suchrights to any supplier of the Services.No compensation will be paid with respect to the use of your Submission, as provided herein. Microsoft isunder 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 toyour Submission as described in these Terms of Use including, without limitation, all the rights necessaryfor 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 containimages, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrantand represent that (a) you are the copyright owner of such Images, or that the copyright owner of suchImages has granted you permission to use such Images or any content and/or images contained in suchImages consistent with the manner and purpose of your use and as otherwise permitted by these Termsof Use and the Services, (b) you have the rights necessary to grant the licenses and sublicensesdescribed in these Terms of Use, and (c) that each person depicted in such Images, if any, has providedconsent to the use of the Images as set forth in these Terms of Use, including, by way of example, andnot 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 tomembers of such private community), and/or (b) to the general public (for each such Images availableanywhere on the Services, other than a private community), permission to use your Images in connectionwith 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, withoutlimitation, 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 nameattached to such Images, and the right to sublicense such rights to any supplier of the Services. Thelicenses granted in the preceding sentences for a Images will terminate at the time you completelyremove such Images from the Services, provided that, such termination shall not affect any licensesgranted in connection with such Images prior to the time you completely remove such Images. Nocompensation will be paid with respect to the use of your Images.NOTICES AND PROCEDURE <strong>FOR</strong> MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyrightinfringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TOTHE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.LINKS TO <strong>THIRD</strong> <strong>PARTY</strong> SITES.THE LINKS IN THIS AREA WILL LET YOU LEAVE MICROSOFT'S SITE. THE LINKED SITES ARE NOTUNDER THE CONTROL OF MICROSOFT AND MICROSOFT IS NOT RESPONSIBLE <strong>FOR</strong> THE CONTENTS OFANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TOSUCH SITES. MICROSOFT IS NOT RESPONSIBLE <strong>FOR</strong> WEBCASTING OR ANY OTHER <strong>FOR</strong>M OFTRANSMISSION RECEIVED FROM ANY LINKED SITE. MICROSOFT IS PROVIDING THESE LINKS TO YOUONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY <strong>END</strong>ORSEMENT BYMICROSOFT OF THE SITE.UNSOLICITED IDEA SUBMISSION POLICY.MICROSOFT OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS,


INCLUDING IDEAS <strong>FOR</strong> NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS ORTECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DONOT S<strong>END</strong> ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLEPURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHENMICROSOFT'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTEDTO MICROSOFT. SO, PLEASE DO NOT S<strong>END</strong> YOUR UNSOLICITED IDEAS TO MICROSOFT OR ANYONE ATMICROSOFT. IF, DESPITE OUR REQUEST THAT YOU NOT S<strong>END</strong> US YOUR IDEAS AND MATERIALS, YOUSTILL S<strong>END</strong> THEM, PLEASE UNDERSTAND THAT MICROSOFT MAKES NO ASSURANCES THAT YOURIDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.COPYRIGHT NOTICE & FAQ.© 2007 Microsoft Corporation. All rights reserved.The following is provided for informational purposes only and should not be construed as legal advice. Ifyou need legal advice, contact a lawyer.What is copyright?Copyright law protects original works, such as websites, books, music, paintings, photos and video. Awork is “original” if it contains some elements you created and did not borrow from others. Typically,when you create an original work, you own the copyright. As the copyright owner, you can control howothers use your work. For example, if you write a movie script, you have the right to, and can preventothers from, copying your script, sharing it with others (“distributing it”), making a movie or book fromyour script (a “derivative work”), or publicly performing your script as a play or movie. You also have theability to sell or give away these rights. In other words, you could sell the right to make a movie based onyour script to a movie studio.If you use someone else’s copyrighted materials without permission, that use generally violates thecopyright owner's exclusive rights, and is copyright infringement. So if you create a new work and includeparts of other people’s works in it (such as an existing photo, lengthy quotes from a book or a loop froma song), you must own or have permission to use the elements you borrow. For example, if your script isbased on an existing popular series, you should obtain permission to use the elements you borrow fromthe series.Copyright law is different from the law of personal property. If you buy a physical object, such as a movieon DVD, you own the physical object. You do not, however, obtain ownership of the “copyrights” (therights to make copies, distribute, make derivatives and publicly perform or display) in the content of themovie. The fact that you have obtained physical possession of a DVD does not automatically grant youthe right to copy or share it.If you make your own movie, it may include many copyrighted works in it. So, if you decide to make amovie based on your script, you must either create all elements of it on your own, or have permission touse the elements you borrow. Especially keep in mind that photos or artwork hanging on the walls ofyour sets and music on the soundtrack (even if you own the CD or MP3) may be copyrighted. You shouldnot include copyrighted works such as these in your movie without authorization.A few other things to keep in mind are:


1. Just because a work does not include a copyright notice (e.g., © 2006 Microsoft Corporation) does not meanthe work is in the public domain. Copyright notices are generally not required for works to be protected bycopyright.2. Just because a work is easily available on the internet or elsewhere does not mean you may use the workfreely. Look for terms of use, such as Creative Commons, that explain how works you find on the Internetmay be used.Isn't it in the public domain?Just because a work is freely available, does not mean it is in the “public domain.” Copyright is for alimited term; it does not last forever. In the copyright context, “public domain” means the copyright termhas expired. Once a work is in the public domain, it may be freely used without permission from thecopyright owner.Determining the term of copyright can be complex, particularly because copyright laws vary from countryto country. Also, even if the copyright on a work has expired, you should be careful about how you use apublic domain work. For example, a book may be in the public domain, but it might not be ok to scan thebook cover to cover and post it on the internet. This is because the particular version of the book maycontain new copyrightable material that is not in the public domain, such as cover art or footnotes.What about fair use?In limited situations, you can use copyrighted works without permission from the copyright holder. It canbe difficult to figure out whether use of copyrighted works without permission is legal, though, becausethe laws in this area are often vague and vary from country to country.The copyright law in the United States has a doctrine called “fair use”. Fair use provides a defense tocopyright infringement in some circumstances. For example, fair use allows documentary filmmakers touse very short clips of copyrighted movies, music and news footage without permission from thecopyright owner. Fair use is a difficult concept because determining whether something is a fair useinvolves weighing four factors. Unfortunately, weighing the fair use factors rarely results in a clear-cutanswer.Rather than applying a fair use test, many other countries have specific exceptions to copyrightinfringement. The number and type of exceptions vary by country, but they frequently allow copyrightedmaterials to be used without permission from the copyright holder for activities such as nonprofitresearch, teaching, news reporting, or private study.If you incorrectly decide that something is a fair use or falls into an exception to copyright infringement,you could be held criminally and civilly liable and have to pay damages. We suggest you talk to a lawyerif you have questions regarding fair uses of copyrighted works.What happens if you upload copyrighted materials to one of our websites withoutpermission?By law, we are required to take down videos, music, photographs or other content you upload onto awebsite hosted by Microsoft if we learn that it infringes someone else’s copyright. If you believe that wehave mistakenly taken down content you uploaded that you own or have permission to upload, you canalso let us know that. Finally, if you upload infringing content repeatedly, we will terminate your account


and you could face criminal and civil penalties. So please, respect other people’s copyrights.What if my stuff is on a Microsoft website without my permission?If you believe that anything on a website hosted by Microsoft infringes your copyright, let us know. Justprovide us with the information requested here and we will see that your copyrighted works are takendown.I want to share my content, but...Many of our websites and services allow you to share content you create, such as video, music andphotographs. Though there is no way for us to ensure that your content will not be misused when youshare it online, you may consider making it available under a Creative Commons License.Creative Commons licenses are a simple way for you to let people know what uses they can make of yourcreative works and under what conditions. Creative Commons licenses are customizable based on yourpreferences and are automatically generated through the use of an online form. The form includesquestions such as whether your work may be used only for non-commercial purposes and whether thework may be modified. As such, a variety of licenses are possible. For example, an “attribution only”license allows others to make any use of your work as long as they indicate that you are the copyrightholder.Creative Commons is continually developing new licenses tailored to needs identified by creative peoplelike you. To learn more about Creative Commons, or to prepare a Creative Commons license, visit theirwebsite (http://creativecommons.org/).What if I don't want my website crawled?Microsoft search services (MSN Search and Windows Live Search) follow the Robots Exclusion Standards.This means that you can control which pages Microsoft search engines index and how often Microsoftbots access your website. To learn how to do so, or for more information regarding Microsoft’swebcrawling and site indexing practices, please visit http://search.msn.com/docs/siteowner.aspx.TRADEMARKS.Trademark information is available athttp://www.microsoft.com/library/toolbar/3.0/trademarks/en-us.mspx.Any rights not expressly granted herein are reserved.ZUNE SOFTWAREMICROSOFT SOFTWARE <strong>LICENSE</strong> TERMSThese license terms are an agreement between Microsoft Corporation (or based on where you live, one of itsaffiliates) and you. Please read them. They apply to the software named above, which includes the media onwhich you received it, if any. The terms also apply to any Microsoft· updates,· supplements,


· Internet-based services, and· support servicesfor this software, unless other terms accompany those items. If so, those terms apply.BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USETHE SOFTWARE. INSTEAD, RETURN IT TO THE RETAILER <strong>FOR</strong> A REFUND OR CREDIT. If you cannotobtain a refund there, contact Microsoft or the Microsoft affiliate serving your country for information aboutMicrosoft’s refund policies. See www.microsoft.com/worldwide. In the United States and Canada, call (800)MICROSOFT or see www.microsoft.com/info/nareturns.htm.AS DESCRIBED BELOW, USING SOME FEATURES ALSO OPERATES AS YOUR CONSENT TO THETRANSMISSION OF CERTAIN STANDARD COMPUTER IN<strong>FOR</strong>MATION <strong>FOR</strong> INTERNET-BASEDSERVICES.IF YOU COMPLY WITH THESE <strong>LICENSE</strong> TERMS, YOU HAVE THE RIGHTS BELOW <strong>FOR</strong> EACH <strong>LICENSE</strong>YOU ACQUIRE.1. OVERVIEW.a. Software. The software includes desktop application software.b. License Model. The software is licensed on a per copy per device basis.2. INSTALLATION AND USE RIGHTS.a. Licensed Device. The licensed device is the device on which you use the software. You mayinstall and use one copy of the software on the licensed device.b. Included Microsoft Programs. The software contains other Microsoft programs. Theselicense terms apply to your use of those programs.3. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.a. Distributable Code. The software contains code that you are permitted to distribute inprograms you develop if you comply with the terms below.i. Right to Use and Distribute. The code and text files listed below are “DistributableCode.”· REDIST.TXT Files. You may copy and distribute the object code form of code listed inREDIST.TXT files.· Third Party Distribution. You may permit distributors of your programs to copy anddistribute the Distributable Code as part of those programs.


ii. Distribution Requirements. For any Distributable Code you distribute, youmust· add significant primary functionality to it in your programs;· require distributors and external end users to agree to terms that protect it at least asmuch as this agreement;· display your valid copyright notice on your programs; and· indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’fees, related to the distribution or use of your programs.iii. Distribution Restrictions. You may not· alter any copyright, trademark or patent notice in the Distributable Code;· use Microsoft’s trademarks in your programs’ names or in a way that suggests yourprograms come from or are endorsed by Microsoft;· distribute Distributable Code to run on a platform other than the Windows platform;· include Distributable Code in malicious, deceptive or unlawful programs; or· modify or distribute the source code of any Distributable Code so that any part of itbecomes subject to an Excluded License. An Excluded License is one that requires, as acondition of use, modification or distribution, that· the code be disclosed or distributed in source code form; or· others have the right to modify it.4. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It maychange or cancel them at any time.a. Consent for Internet-Based Services. The software features described below connect toMicrosoft or service provider computer systems over the Internet. In some cases, you will notreceive a separate notice when they connect. You may switch off these features or not usethem. For more information about these features, seehttp://privacy.microsoft.com/en-us/zune.aspx. BY USING THESE FEATURES, YOU CONSENT TOTHE TRANSMISSION OF THIS IN<strong>FOR</strong>MATION. Microsoft does not use the information to identifyor contact you.Computer Information. The following features use Internet protocols, which send to theappropriate systems computer information, such as your Internet protocol address, the type ofoperating system, browser and name and version of the software you are using, and thelanguage code of the device where you installed the software. Microsoft uses this information tomake the Internet-based services available to you.· Automatic Update Feature. Each time you use the software it checks with Microsoft for a newerversion of the software. If found, the newer version automatically downloads and installs on yourpersonal computer. If you have a portable device that is compatible with the software, and youconnect it to your personal computer, the software will also check for software updates for that


device. If found, the newer version automatically downloads and installs on your portable device.In certain cases, updates will be required and you will not be able to sign into the Marketplace oruse certain features of the software without first installing the software update.· Windows Media Digital Rights Management. Content owners use Windows Media digital rightsmanagement technology (WMDRM) to protect their intellectual property, includingcopyrights. This software and third party software use WMDRM to play and copyWMDRM-protected content. If the software fails to protect the content, content owners may askMicrosoft to revoke the software’s ability to use WMDRM to play or copy protectedcontent. Revocation does not affect other content. When you download licenses for protectedcontent, you agree that Microsoft may include a revocation list with the licenses. Content ownersmay require you to upgrade WMDRM to access their content. Microsoft software that includesWMDRM will ask for your consent prior to the upgrade. If you decline an upgrade, you will not beable to access content that requires the upgrade. You may switch off WMDRM features thataccess the Internet. When these features are off, you can still play content for which you have avalid license.Misuse of Internet-based Services. You may not use these services in any way that couldharm them or impair anyone else’s use of them. You may not use the services to try to gainunauthorized access to any service, data, account or network by any means.MICROSOFT WINDOWS SOFTWARE AND .NET BENCHMARK TESTING. The software includesone or more components of the .NET Framework (“.NET Components”). This software is part of Windows. Thelicense terms for Windows apply to your use of these components. You may conduct internal benchmark testingof those components. You may disclose the results of any benchmark test of those components, provided thatyou comply with the conditions set forth at http://go.microsoft.com/fwlink/?LinkID=66406. Notwithstanding anyother agreement you may have with Microsoft, if you disclose such benchmark test results, Microsoft shall havethe right to disclose the results of benchmark tests it conducts of your products that compete with the applicable.NET Component, provided it complies with the same conditions set forth athttp://go.microsoft.com/fwlink/?LinkID=66406.SCOPE OF <strong>LICENSE</strong>. The software is licensed, not sold. This agreement only gives you some rights touse the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite thislimitation, you may use the software only as expressly permitted in this agreement. In doing so, you must complywith any technical limitations in the software that only allow you to use it in certain ways. You may not· work around any technical limitations in the software;· reverse engineer, decompile or disassemble the software, except and only to the extent that applicablelaw expressly permits, despite this limitation;· make more copies of the software than specified in this agreement or allowed by applicable law, despitethis limitation;· publish the software for others to copy;· use the software for commercial software hosting services.software.BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall theDOCUMENTATION. Any person that has valid access to your computer or internal network may copyand use the documentation for your internal, reference purposes.


TRANSFER TO ANOTHER DEVICE. You may uninstall the software and install it on another device foryour use. You may not do so to share this license between devices.NOTICE ABOUT THE MPEG-4 VISUAL STANDARD. This software includes MPEG-4 visual decodingtechnology. This technology is a format for data compression of video information. MPEG LA, L.L.C. requires thisnotice:USE OF THIS PRODUCT IN ANY MANNER THAT COMPLIES WITH THE MPEG 4 VISUAL STANDARD ISPROHIBITED, EXCEPT <strong>FOR</strong> USE DIRECTLY RELATED TO (A) DATA OR IN<strong>FOR</strong>MATION (i) GENERATED BYAND OBTAINED WITHOUT CHARGE FROM A CONSUMER NOT THEREBY ENGAGED IN A BUSINESSENTERPRISE, AND (ii) <strong>FOR</strong> PERSONAL USE ONLY; AND (B) OTHER USES SPECIFICALLY ANDSEPARATELY <strong>LICENSE</strong>D BY MPEG LA, L.L.C.If you have questions about the MPEG-4 visual standard, please contact MPEG LA, L.L.C., 250 SteeleStreet, Suite 300, Denver, Colorado 80206; www.mpegla.com.EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. Youmust comply with all domestic and international export laws and regulations that apply to the software. Theselaws include restrictions on destinations, end users and end use. For additional information, seewww.microsoft.com/exporting.SUPPORT SERVICES. Microsoft provides support services for the software as described atwww.support.microsoft.com/common/international.aspx.ENTIRE <strong>AGREEMENT</strong>. This agreement (including the warranty below), and the terms for supplements,updates, Internet-based services and support services that you use, are the entire agreement for the softwareand support services.APPLICABLE LAW.. United States. If you acquired the software in the United States, Washington state law governsthe interpretation of this agreement and applies to claims for breach of it, regardless of conflictof laws principles. The laws of the state where you live govern all other claims, including claimsunder state consumer protection laws, unfair competition laws, and in tort.a. Outside the United States. If you acquired the software in any other country, the laws of thatcountry apply.LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under thelaws of your state or country. You may also have rights with respect to the party from whom you acquired thesoftware. This agreement does not change your rights under the laws of your state or country if the laws of yourstate or country do not permit it to do so.LIMITATION ON AND EXCLUSION OF DAMAGES. YOU CAN RECOVER FROM MICROSOFT ANDITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID <strong>FOR</strong> THE SOFTWARE. YOUCANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL,INDIRECT OR INCIDENTAL DAMAGES.


This limitation applies to· anything related to the software, services, content (including code) on third party Internet sites, or thirdparty programs; and· claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, orother tort to the extent permitted by applicable law.It also applies even if· repair, replacement or a refund for the software does not fully compensate you for any losses; or· Microsoft knew or should have known about the possibility of the damages.Some states do not allow the exclusion or limitation of incidental or consequential damages, so the abovelimitation or exclusion may not apply to you. They also may not apply to you because your country maynot allow the exclusion or limitation of incidental, consequential or other damages.**************************************************************************************LIMITED WARRANTYA. LIMITED WARRANTY. If you follow the instructions, the software will perform substantially asdescribed in the Microsoft materials that you receive in or with the software.B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIEDWARRANTIES. THE LIMITED WARRANTY COVERS THE SOFTWARE <strong>FOR</strong> ONE YEAR AFTERACQUIRED BY THE FIRST <strong>USER</strong>. IF YOU RECEIVE SUPPLEMENTS, UPDATES, ORREPLACEMENT SOFTWARE DURING THAT YEAR, THEY WILL BE COVERED <strong>FOR</strong> THEREMAINDER OF THE WARRANTY OR 30 DAYS, WHICHEVER IS LONGER. If the first usertransfers the software, the remainder of the warranty will apply to the recipient.C. TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES, GUARANTEES ORCONDITIONS LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY. Some states do notallow limitations on how long an implied warranty lasts, so these limitations may not apply to you. Theyalso might not apply to you because some countries may not allow limitations on how long an impliedwarranty, guarantee or condition lasts.D. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (orfailures to act), the acts of others, or events beyond Microsoft’s reasonable control.E. REMEDY <strong>FOR</strong> BREACH OF WARRANTY. MICROSOFT WILL REPAIR OR REPLACE THESOFTWARE AT NO CHARGE. IF MICROSOFT CANNOT REPAIR OR REPLACE IT, MICROSOFTWILL REFUND THE AMOUNT SHOWN ON YOUR RECEIPT <strong>FOR</strong> THE SOFTWARE. IT WILL


ALSO REPAIR OR REPLACE SUPPLEMENTS, UPDATES AND REPLACEMENT SOFTWARE AT NOCHARGE. IF MICROSOFT CANNOT REPAIR OR REPLACE THEM, IT WILL REFUND THEAMOUNT YOU PAID <strong>FOR</strong> THEM, IF ANY. YOU MUST UNINSTALL THE SOFTWARE ANDRETURN ANY MEDIA AND OTHER ASSOCIATED MATERIALS TO MICROSOFT WITH PROOF OFPURCHASE TO OBTAIN A REFUND. THESE ARE YOUR ONLY REMEDIES <strong>FOR</strong> BREACH OF THELIMITED WARRANTY.F. CONSUMER RIGHTS NOT AFFECTED. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTSUNDER YOUR LOCAL LAWS, WHICH THIS <strong>AGREEMENT</strong> CANNOT CHANGE.G. WARRANTY PROCEDURES. You need proof of purchase for warranty service.1. United States and Canada. For warranty service or information about how to obtain a refundfor software acquired in the United States and Canada, contact Microsoft at· (800) MICROSOFT;· Microsoft Customer Service and Support, One Microsoft Way, Redmond, WA 98052-6399; or· visit www.microsoft.com/info/nareturns.htm.2. Europe, Middle East and Africa. If you acquired the software in Europe, the Middle East orAfrica, Microsoft Ireland Operations Limited makes this limited warranty. To make a claim underthis warranty, you should contact either· Microsoft Ireland Operations Limited, Customer Care Centre, Atrium Building Block B, CarmanhallRoad, Sandyford Industrial Estate, Dublin 18, Ireland; or· the Microsoft affiliate serving your country (see www.microsoft.com/worldwide).3. Outside United States, Canada, Europe, Middle East and Africa. If you acquired thesoftware outside the United States, Canada, Europe, the Middle East and Africa, contact theMicrosoft affiliate serving your country (see www.microsoft.com/worldwide).H. NO OTHER WARRANTIES. THE LIMITED WARRANTY IS THE ONLY DIRECT WARRANTY FROMMICROSOFT. MICROSOFT GIVES NO OTHER EXPRESS WARRANTIES, GUARANTEES ORCONDITIONS. WHERE ALLOWED BY YOUR LOCAL LAWS, MICROSOFT EXCLUDES IMPLIEDWARRANTIES OF MERCHANTABILITY, FITNESS <strong>FOR</strong> A PARTICULAR PURPOSE ANDNON-INFRINGEMENT. If your local laws give you any implied warranties, guarantees or conditions,despite this exclusion, your remedies are described in the Remedy for Breach of Warranty clause above,to the extent permitted by your local laws.I. LIMITATION ON AND EXCLUSION OF DAMAGES <strong>FOR</strong> BREACH OF WARRANTY. THELIMITATION ON AND EXCLUSION OF DAMAGES CLAUSE ABOVE APPLIES TO BREACHES OF


THIS LIMITED WARRANTY.THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTSWHICH VARY FROM STATE TO STATE. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROMCOUNTRY TO COUNTRY.©2009 Microsoft Corporation. All Rights ReservedMICROSOFT SILVERLIGHT 3MICROSOFT SOFTWARE <strong>LICENSE</strong> TERMSThese license terms are an agreement between Microsoft Corporation (or based on where you live, oneof its affiliates) and you. Please read them. They apply to the software named above, which includes themedia on which you received it, if any. The terms also apply to any Microsoft· Updates (including but not limited to bug fixes, patches, updates, upgrades, enhancements, newversions, and successors to the software, collectively called “Updates”),· supplements,· Internet-based services, and· support servicesfor this software, unless other terms accompany those items. If so, those terms apply.BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DONOT USE THE SOFTWARE.AS DESCRIBED BELOW, YOUR INSTALLATION OF THIS SOFTWARE ALSO OPERATES AS YOURCONSENT TO THE TRANSMISSION OF CERTAIN STANDARD COMPUTER IN<strong>FOR</strong>MATION ANDTO THE AUTOMATIC DOWNLOADING AND INSTALLATION OF UPDATES ON YOURCOMPUTER.If you comply with these license terms, you have the rights below.1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of thesoftware. You may also make any number of copies as you need to distribute the software withinyour organization.2. SCOPE OF <strong>LICENSE</strong>. The software is licensed, not sold. This agreement only gives you some rightsto use the software. Microsoft reserves all other rights. Unless applicable law gives you more rightsdespite this limitation, you may use the software only as expressly permitted in this agreement. Indoing so, you must comply with any technical limitations in the software that only allow you to use itin certain ways. You may not· work around any technical limitations in the software;· reverse engineer, decompile or disassemble the software, except and only to the extent that


applicable law expressly permits, despite this limitation;· publish the software for others to copy;· rent, lease or lend the software; or· transfer the software or this agreement to any third party.3. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. Itmay change or cancel them at any time.a. Automatic Updates. This software contains an Automatic Update feature that is on by default.For more information about this feature, including instructions for to turning it off, seego.microsoft.com/fwlink/?LinkId=147032. You may turn off this feature while the software isrunning (“opt out”). Unless you expressly opt out of this feature, this feature will (a) connect toMicrosoft or service provider computer systems over the Internet, (b) use Internet protocols tosend to the appropriate systems standard computer information, such as your computer’sInternet protocol address, the type of operating system, browser and name and version of thesoftware you are using, and the language code of the device where you installed the software,and (c) automatically download and install, or prompt you to download and/or install, currentUpdates to the software. In some cases, you will not receive a separate notice before this featuretakes effect. By installing the software, you consent to the transmission of standard computerinformation and the automatic downloading and installation of Updates.b. Microsoft Digital Rights Management. If you use the software to access content that hasbeen protected with Microsoft Digital Rights Management (DRM), in order to let you play thecontent, the software may automatically request media usage rights from a rights server on theInternet and download and install available DRM Updates. For more information, seego.microsoft.com/fwlink/?LinkId=147032.4. NOTICE ABOUT THE H.264/AVC VISUAL STANDARD, AND THE VC-1 VIDEO STANDARD.This software may include H.264/MPEG-4 AVC and/or VC-1decoding technology. MPEG LA, L.L.C.requires this notice:THIS PRODUCT IS <strong>LICENSE</strong>D UNDER THE AVC AND THE VC-1 PATENT PORTFOLIO <strong>LICENSE</strong>S <strong>FOR</strong>THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (A) ENCODE VIDEO INCOMPLIANCE WITH THE ABOVE STANDARDS (“VIDEO STANDARDS”) AND/OR (B) DECODE AVC ANDVC-1 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL ANDNON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER <strong>LICENSE</strong>D TOPROVIDE SUCH VIDEO. NONE OF THE <strong>LICENSE</strong>S EXT<strong>END</strong> TO ANY OTHER PRODUCT REGARDLESSOF WHETHER SUCH PRODUCT IS INCLUDED WITH THIS SOFTWARE IN A SINGLE ARTICLE. NO<strong>LICENSE</strong> IS GRANTED OR SHALL BE IMPLIED <strong>FOR</strong> ANY OTHER USE. ADDITIONAL IN<strong>FOR</strong>MATIONMAY BE OBTAINED FROM MPEG LA, L.L.C. SEE WWW.MPEGLA.COM.For clarification purposes only, the Notice in this Section does not limit or inhibit the use of thesoftware provided under this agreement for normal business uses that are personal to that businesswhich do not include (i) redistribution of the software to third parties, or (ii) creation of content withthe VIDEO STANDARDS compliant technologies for distribution to third parties.5. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations.You must comply with all domestic and international export laws and regulations that apply to thesoftware. These laws include restrictions on destinations, end users and end use. For additionalinformation, see www.microsoft.com/exporting.


6. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.7. ENTIRE <strong>AGREEMENT</strong>. This agreement, and the terms for supplements, Updates, Internet-basedservices and support services that you use, are the entire agreement for the software and supportservices.8. APPLICABLE LAW.a. United States. If you acquired the software in the United States, Washington state law governsthe interpretation of this agreement and applies to claims for breach of it, regardless of conflict oflaws principles. The laws of the state where you live govern all other claims, including claimsunder state consumer protection laws, unfair competition laws, and in tort.b. Outside the United States. If you acquired the software in any other country, the laws of thatcountry apply.9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under thelaws of your country. You may also have rights with respect to the party from whom you acquiredthe software. This agreement does not change your rights under the laws of your country if the lawsof your country do not permit it to do so.10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS <strong>LICENSE</strong>D “AS-IS.” YOU BEAR THE RISKOF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES ORCONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCALLAWS WHICH THIS <strong>AGREEMENT</strong> CANNOT CHANGE. TO THE EXTENT PERMITTED UNDERYOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS <strong>FOR</strong> A PARTICULAR PURPOSE AND NON-INFRINGEMENT.11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVERFROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOUCANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS,SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.This limitation applies to· anything related to the software, services, content (including code) on third party Internet sites, orthird party programs; and· claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence,or other tort to the extent permitted by applicable law.It also applies even if Microsoft knew or should have known about the possibility of the damages.The above limitation or exclusion may not apply to you because your country may not allow theexclusion or limitation of incidental, consequential or other damages.WINDOWS LIVE ESSENTIALS AND BING 3D MAPS


MICROSOFT SOFTWARE <strong>LICENSE</strong> TERMS AND SERIVCE <strong>AGREEMENT</strong>Microsoft Service Agreement Last Updated: May 2009THANK YOU <strong>FOR</strong> CHOOSING MICROSOFT!1. What the Contract Covers.This is a contract between you and the Microsoft company referenced in section 29. Sometimes theMicrosoft company referenced in section 29 is referred to as "Microsoft," "we," "us" or "our". Thiscontract applies to any Windows Live, Bing, MSN, Microsoft Office Live or other Microsoft software orservices, including updates, that display or link to this contract and that you use while this contract is inforce. All of the software or services are referred to in this contract as the "service."Please note that we do not provide warranties for the service. The contract also limits ourliability. These terms are in sections 20 and 21, and we ask you to read them carefully.2. When You May Use the Service.You may start using the service as soon as you have finished the sign-up process. No withdrawal right orother "cooling off" period applies to the service and you waive any applicable "cooling off" period, exceptif the law requires a "cooling off" period despite your waiver and even when a service starts right away.3. How You May Use the Service.In using the service, you will:· obey the law;· obey any codes of conduct or other notices we provide;· obey the Microsoft Anti-spam Policy, which is available athttp://go.microsoft.com/fwlink/?LinkId=117951;· keep your service account password secret; and· promptly notify us if you learn of a security breach related to the service.4. How You May Not Use the Service.In using the service, you may not:· engage in, facilitate or further unlawful conduct;· use the service in a way that harms us or our advertisers, affiliates, resellers, distributors and/orvendors, or any customer of ours or our advertisers, affiliates, resellers, distributors and/or vendors;· use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicitedcommercial messages ("spam");· use any unauthorized third party software or service to access the Microsoft instant messagingnetwork (currently known as the .NET Messenger Service);· use any automated process or service to access and/or use the service (such as a BOT, a spider,periodic caching of information stored by Microsoft, or "meta-searching");· use any unauthorized means to modify or reroute, or attempt to modify or reroute, the service;


· damage, disable, overburden, or impair the service (or the network(s) connected to the service) orinterfere with anyone's use and enjoyment of the service; or· resell or redistribute the service, or any part of the service.You can find a list of authorized third-party software at http://messenger.msn.com/Help/Authorized.aspx.5. You Are Responsible For Your Service Account.Only you may use your service account. For some parts of the service, we may notify you that you mayset up additional member accounts that are dependent on your account (an "associated account"). Youare responsible for all activity that takes place with your service account or an associated account. Youmay not authorize any third party to access and/or use the service on your behalf except where Microsoftprovides a mechanism for third parties to access the service on your behalf.6. If You Are an Associated Account User.If you are the user of an associated account, then the holder of the service account has full control overyour associated account. This control includes the right to end the service, close or alter your associatedaccount at any time, and, in some cases, to request and receive machine and service use informationrelated to your associated account.7. If You Pay Microsoft.7.1 Charges.This section 7 applies in all situations in which you directly pay us. If you pay a company other than usfor the service, then the charges and billing terms are as stated by the other company. Even if you do notpay for the service, you may still incur charges incidental to using the service; for example, charges forInternet access, mobile text messaging, or other data transmission.7.2 Payment.When you create a billing account, you enter your payment method. You must be authorized to use thepayment method. You authorize us to charge you for the service using your payment method and forany paid feature of the service for which you choose to sign up or use while this contract isin force. Billing of service charges to your payment method may occur (a) in advance; (b) at the time forpurchase; (c) shortly after purchase; or (d) on a recurring basis for subscription services. We may chargeyou a different amount than what you approved. If it is a greater amount, we will tell you the amountand the date of the charge at least 10 days before we make the charge. Also, we may charge you up tothe amount you have approved, and we will notify you in advance of the difference for recurringsubscription services. We may bill you for more than one of your prior billing periods together. If weinformed you that the service will be provided indefinitely or automatically renewed, we mayautomatically renew your service and charge you for any renewal term.7.3 Updates to Your Billing Account.You must keep all information in your billing account current, including your billing address and theexpiration date of your credit card. You can access your billing account at https://billing.microsoft.com,where you can make changes to your billing account. You may change your payment method at anytime. If you tell us to stop using your payment method, we may cancel your service. Your notice to us


will not affect charges we submit to your billing account before we reasonably could act onyour request.7.4 Trial Period Offers.You may have received a limited time of free service or some other trial period offer. Unless we notifyyou otherwise, if you are participating in any trial period offer, you must cancel the service by the end ofthe trial period to avoid incurring charges. If you do not cancel your service, and we have informed youthat the service will automatically be converted into a paid subscription at the end of the trial period, thenyou authorize us to charge your payment method for the service.7.5 Prices and Price Increases.The price for the service excludes all taxes and phone charges, unless stated otherwise. You areresponsible for any taxes that you are obligated to pay or that we may collect from you. You areresponsible for all other charges (for example, phone charges). Currency exchange settlements are basedon your agreement with your payment method provider. We may change the price of the service fromtime to time, but we will tell you before we do.· If there is a specific time length and price for your service offer, then that price will remain in force forthat time. After the offer period ends, your use of the service will be charged at the new price.· If your service is on a period basis (for example, monthly), with no specific time length, then we willtell you the date of any price change. That date will be not less than 30 days after we tell you of theprice change.If you do not agree to these changes, then you must cancel and stop using the service before thechanges take place. If you cancel your service, then your service ends at the end of your current servicetime length or, if we bill your account on a period basis, at the end of the period in which you cancelled.7.6 Refund Policies.Unless otherwise provided by law or in connection with any particular service offer, all charges arenon-refundable, and the costs of any returns will be at your expense.7.7 Online Statement; Errors.We will provide you with an online billing statement. This is the only billing statement that we provide. Goto https://billing.microsoft.com to view, print or request a paper copy of this statement. If you request apaper copy, we may charge you a retrieval fee. We will only provide paper copies for the past 120 days.If we make an error on your bill, we will correct it promptly after you tell us and we investigate thecharge. You must tell us within 120 days after an error first appears on your bill. You release us fromall liability and claims of loss resulting from any error that you do not report to us within 120days after the error first appears on your online statement. If you do not tell us within this time,we will not be required to correct the error. We can correct billing errors at any time.7.8 Canceling the Service.You may cancel the service at any time, with or without cause. Go to https://billing.microsoft.com toobtain information on cancelling your service. Certain service offers may require cancellation charges, andyou will pay all cancellation charges as specified in the materials describing the offer. Cancellation of theservice by you will not alter your obligation to pay all charges made to your billing account.7.9 Late Payments.Except to the extent prohibited by law, we may assess a late charge if you do not pay on time. You must


pay these late charges when we bill you for them. The late charge will be the lesser of 1% of the unpaidamount each month or the maximum rate that is permitted by law. We may use a third party to collectpast due amounts. You must pay for all reasonable costs we incur to collect any past due amounts.These costs may include reasonable attorneys' fees and other legal fees and costs. We may suspend orcancel your service if you fail to pay in full on time.7.10 Internet Access Service.If the service does not include Internet access, then you are responsible for paying the fees charged byyour Internet access provider. Those fees are in addition to the fees you pay us for the service. The restof this section applies only if your service includes Internet access.If you use a dial-up modem, you are responsible for determining if the numbers you selectwill incur toll charges. To do this you must contact your telephone company first. Tell it thenumbers you consider using. Your telephone company can tell you if using those numberswill trigger additional charges. Ask it if there are other telephone service charges you willincur using those numbers. You should contact your phone company even if we provided the numberas an appropriate access number for you. We rely on others to provide us with that information.Unfortunately, sometimes it is wrong. If you incur any extra charges, then you must pay them. Wewill not reimburse you for them.You also will pay any additional charges you incur if you connect to the service through a servicetelephone number while you are in a country that is not the country associated with your service account("roaming charges"). Roaming charges are in addition to any long distance telephone charges you mayincur when connecting to the service from another country. Please check the service information area toview the current rates for roaming charges. You may also incur additional charges if your usage of theservice exceeds the number of hours covered by your service plan.8. Payments to You.Your right to any payment due you under a service is conditioned upon you promptly providing us with allinformation we require to properly make the payment (for example, bank account information forreceiving the payment). We will use reasonable efforts to tell you what information we require in advanceof your use of the applicable service. Even if we do not tell you in advance, you must provide us theinformation we request before your right to receive the payment accrues. You are responsible for theaccuracy of the information you provide and any taxes you may incur as a result of receiving a payment.You must also comply with any other conditions we place on your right to any payment. If you receivea payment that was not due to you, we may reverse or seek return of the payment and youagree to cooperate with us in our efforts to do this.9. Your Content.You may be able to submit content for use in connection with the service. You understand that Microsoftdoes not control or endorse the content that you and others post or provide on the service. Except for


material that we license to you, we do not claim ownership of the content you post or provide on theservice.The service includes public areas available to the general public, shared areas available to others youhave selected and personal areas where you have not granted access to others. If you share content withothers on the service, in either public or shared areas, then you understand and agree that others withwhom you have shared content may use that content. You grant to those members of the public towhom you have permitted access free, nonexclusive permission to use, copy, distribute and display thecontent solely in connection with the service and other Microsoft products and services. If you do notwant others to have those rights, please do not share your content with them.You understand that Microsoft may need and you hereby authorize Microsoft to use, modify, copy,distribute and display content posted on the service to the extent necessary to provide the service. Thisincludes:· storing and retrieving the content;· making the content available to you and to those members of the public to whom you have grantedaccess or to the general public (for content posted on public areas of the service);· conforming to connecting networks' technical requirements; and· conforming to the limitations and terms of the service.You understand that sharing content that violates others' copyrights and other intellectual property rightsviolates this contract. You represent and warrant that you have all the rights necessary for you to grantthe rights in this section 9 and that the use and publication of the content does not breach any law. Wewill not pay you for your content. We may refuse to publish your content and may remove your contentfrom the service at any time.10. Privacy.In order to operate and provide the service, we collect certain information about you. We use and protectthat information as described in the Microsoft Online Privacy Statement,http://go.microsoft.com/fwlink/?LinkId=74170. In particular, we may access or disclose informationabout you, including the content of your communications, in order to: (a) comply with the law or respondto lawful requests or legal process; (b) protect the rights or property of Microsoft or our customers,including the enforcement of our agreements or policies governing your use of the service; or (c) act on agood faith belief that such access or disclosure is necessary to protect the personal safety of Microsoftemployees, customers or the public.The service is a private computer network that Microsoft operates for the benefit of itself and itscustomers. Microsoft retains the right to block or otherwise prevent delivery of any type of email or othercommunication to or from the service as part of our efforts to protect the service, protect our customersor stop you from breaching this contract. The technology or other means we use may hinder or breakyour use of the service.In order to provide you the service, we may collect certain information about service performance, yourmachine and your service use. We may automatically upload this information from your machine. Thisdata will not personally identify you. You may read about this information collection in more detail in theprivacy policy at http://go.microsoft.com/fwlink/?LinkId=74170.Personal information collected through the service may be stored and processed in the United States orany other country in which Microsoft or its affiliates, subsidiaries or agents maintain facilities. By using


the service, you consent to any such transfer of information outside of your country. Microsoft abides bythe safe harbor framework as set forth by the U.S. Department of Commerce regarding the collection,use and retention of data from the European Union.11. Software.If you receive software from us as part of the service, your use of that software is under the terms of thelicense that is presented to you for acceptance for that software. If there is no license presented to you,or unless otherwise stated in this contract, then we grant you the right to use the software only for theauthorized use of the service on that number of computers stated in your service offer. We reserve allother rights to the software.We may automatically check your version of the software. We may automatically download upgrades tothe software to your computer to update, enhance and further develop the service.Unless we notify you otherwise, your license to use the software will end on the date your service ends,and you must promptly uninstall the software. We may disable the software after the date the serviceends.You will not disassemble, decompile, or reverse engineer any software included in the service, except andonly to the extent that the law expressly permits this activity.The software is subject to United States export laws and regulations. You must comply with all domesticand international export laws and regulations that apply to the software. These laws include restrictionson destinations, end users and end use. For additional information, seehttp://www.microsoft.com/exporting.If you use the software to access content that has been protected with Microsoft Digital RightsManagement (DRM), in order to let you play the content, the software may automatically request mediausage rights from a rights server on the Internet and download and install available DRM updates. Formore information, see http://go.microsoft.com/fwlink/?LinkId=123883.12. Font Components.You may use the fonts installed by the service to display and print content. You may only· embed fonts in content as permitted by the embedding restrictions in the fonts; and· temporarily download them to a printer or other output device to print content.13. Windows Live OneCare.The following additional terms apply to Windows Live OneCare services (e.g., Windows Live OneCare,Windows Live OneCare for Server) (including any software that is provided as part of the service) andany other services offered in conjunction with OneCare service. You may be prompted to acceptadditional contract terms that govern your installation and use of other software or services offered aspart of a OneCare service. If any terms of this contract conflict with the terms of any other contract foruse of other software or services offered with a OneCare service, the terms of this contract shall apply.a. Windows Live ID. You must obtain a Windows Live ID to subscribe to the service. For additionalinformation, see http://get.live.com/getlive/overview.b. License Grant.


i. Paid Subscription. If you have purchased a subscription to a OneCare service, then for eachsubscription purchased, we grant you a non-exclusive, non-transferable and non-assignable right toinstall and use the software during your Subscription Term on:A. Personal Computers. Up to three personal computers (each a "PC") that you own or control usingthe same Windows Live ID that you used to install OneCare on the first PC; orB. Server. One server ("Server") that you own or control using the same Windows Live ID that youused to install OneCare on your Server.ii. Trial Use. If you are a trial user, then we grant you a non-exclusive, non-transferable andnon-assignable right to download, install and use one copy of the software on one PC for WindowsLive OneCare and on one Server for Windows Live OneCare for Server during your Trial Period. Atthe end of your Trial Period, your license expires automatically, unless you purchase a paidsubscription.If you do not purchase a subscription or if you cancel or do not renew your paid subscription, thenyou agree to delete all copies of the software in their entirety from all PCs or the Server, asapplicable, upon the expiration of your Trial Period or Subscription Term.c. License Term.i. Paid Subscriptions. The "Subscription Term" for paid subscriptions begins on the date that youactivate the software and ends on the date corresponding to the number of subscription monthsthat you have purchased (e.g., 12, 24 or 36 months). A renewal of your subscription must occur tocontinue receiving subscription services. Renewals may require additional or different license terms.ii. Trial Use. The "Trial Period" for trial use begins on the date that you install the software and endson the date corresponding to the length of the trial offer (e.g., 90 days later).d. Updates. The Windows Live OneCare services require updates to work effectively. Updates are onlyavailable for download and use during your Subscription Term or Trial Period. Updates may alsorequire additional contract terms that must be accepted before download and use.e. Technical Support. Technical support may differ based on the Windows Live OneCare service youhave.i. PCs. During the Subscription Term, paid subscribers to Windows Live OneCare are entitled totechnical support, which may include web-based content, online chat, email and telephone-basedtechnical support. During the Trial Period, trial users may receive web-based content andemail-based technical support. For details about OneCare technical support, seehttp://help.live.com/help.aspx?project=onecarev2_5_client&querytype=keyword&query=qaf.ii. Servers. Technical support for Windows Live OneCare for Server is provided under a separateagreement or as a paid support incident.f. Refunds. For information about Microsoft refund policies, contact the Microsoft company serving yourcountry or region as set forth in section 29. See also http://www.microsoft.com/worldwide.g. Online Backup Feature. The Online Backup feature provides the capability to store and retrieve yourdigital photographs from our servers via the Internet during the applicable Online Backup SubscriptionPeriod, subject to the amount of online backup space provided with your subscription. If you cancelyour Online Backup subscription or your subscription lapses, the copies of your photos stored withOnline Backup will be deleted immediately.


14. Microsoft Office Live.The following additional terms apply to Microsoft Office Live.a. Your Dealings with Others. If you obtain anything from a third party (including third-party offeredservices) through the service, you understand that your relationship with respect to those things iswith the third party directly and not with Microsoft. In the event you assert a claim that relates to orimplicates your relationship with a third party, you shall only assert such claim against the third party,and you will not assert any such claim against Microsoft, even if Microsoft assisted in billing for thethird-party offering. You are solely responsible for your dealings with any third party, including· delivery of and payment for goods and services;· processing and verifying orders, payments and other transactions;· customer support related to orders or transactions (e.g., lost orders, billing disputes, payments,etc.);· determining, collecting and remitting to the appropriate authority all taxes (if any) arising from orrelated to such orders or transactions; and· the purchase and use by you and your associated accounts of any third-party products and services.You represent and warrant that· the products and services you advertise, sell and distribute are legal for sale and distribution and donot violate this contract;· you have all licenses necessary to sell, distribute and advertise the goods and services you offer;and· all sales and advertisements will comply with applicable law.b. Your Privacy Practices. In using the service, you may be able to collect personal information aboutthird parties through your dealings with such third parties. If you do, you agree to (a) post a privacypolicy on your web site that, at a minimum, discloses any and all uses of personal information that youcollect from such third parties, (b) provide a hypertext link to your privacy policy on the home page ofyour web site and on all pages where you collect personal information from third parties, including oncheckout pages, and (c) use personal information only as expressly permitted by your privacy policy.c. Domain Name Service.i. If you register, renew or transfer a domain name through the service, Microsoft connects you withan accredited registrar, Melbourne IT Limited. Melbourne IT or another accredited registrar willregister, renew or transfer the domain name. The domain service contracts for ccTLDs and gTLDs(the "Domain Service Contracts") are contracts between Melbourne IT or another accreditedregistrar and you, and not between Microsoft and you. The Domain Service Contracts apply to theregistration, renewal and transfer of your domain name. Your use of the domain name is alsosubject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN").These policies include the ICANN Uniform Domain Name Dispute Resolution Policy located athttp://www.icann.org/udrp/#udrp.Microsoft does not control the availability of any domain name you seek to register orrenew. You represent and warrant that any domain name you register, renew ortransfer through the service and Melbourne IT will not infringe the rights of thirdparties.


ii. Public registry. You understand that your contact information, such as your name, postal address,phone number and e-mail address, will be collected by Melbourne IT and placed in a public registry.iii. Termination of service. Except during the first five days after you subscribe to the service, if you orwe cancel your service, your domain name will remain registered for its current annual term.However, it will no longer work with the service. It will not work with your e-mail service or point toyour web site. You will be responsible for renewing and paying the applicable renewal fee for yourdomain name after you or we cancel your service.Back Up Your Data. Upon termination or cancellation of the service by you or us for anyreason, Microsoft may delete your data permanently from our servers. You are responsible for takingall necessary steps to back up your data and ensuring that you maintain your primary means ofbusiness.15. Microsoft Authentication Network.We may provide you with credentials on our authentication network to use with the service. You aresolely responsible for any dealings with third parties (including advertisers) who use our authenticationnetwork, including the delivery of and payment for goods. This contract applies to you whenever you usethe credentials you obtained with the service. When you use our authentication network to gain access toany site, the terms and conditions for that site, if different from this contract, may also apply to you inyour use of that site. Please refer to the terms of use for each site that you visit. We may cancel orsuspend your access to our authentication network for inactivity, which we define as failing to sign in toour authentication network for an extended period, as determined by us. If we cancel your credentials,your right to use our authentication network immediately ceases.16. Microsoft Points.You can participate in the Microsoft Points service. Microsoft Points is a service under which you canacquire Points and redeem those Points for certain online services and digital products. You can see howmany Points you have by checking your Points balance at https://billing.microsoft.com. You can obtainselected services or digital products that we elect to offer in exchange for Points. You can do this byredeeming your Points as indicated in the particular messaging you see for those offers.You can acquire Points in a variety of ways. For example, you can purchase Points, or certain servicesmay give you Points for using the service or specific features of the service (also known as "promotionPoints"). You can earn promotion Points only for actions you actually complete. You are responsible forany tax consequences that may result from your participation in the Points service.When you obtain Points, you have obtained a limited license to a digital product. Points have nomonetary value. You may not obtain any cash or money in exchange for Points, regardless of how youacquired those Points. Points are not your personal property. Your only recourse for using Points is toobtain the specific online services or digital products that we offer for Points redemption. We may furtherrestrict your Points redemption offers based on your country of residence. We encourage you to redeemyour Points. The existence of a particular offer available for Points redemption is not a commitment by usto maintain or continue to make the offers in the future. The scope, variety and type of online servicesand digital products that you may obtain by redeeming Points can change at any time. We have noobligation to continue making offers available for Points redemption.Promotion Points may expire at any time, as set forth in the messages related to that promotion. We maycancel, suspend or otherwise limit your access to your Points balance if we suspect fraudulent, abusive orunlawful activity on your Points balance. Once we delete Points from a balance, we will not reinstatethem, except at our discretion. When we cancel, suspend or otherwise limit access to your Pointsbalance, your right to use your Points balance immediately ceases. We will use reasonable efforts to


investigate Points balances that are subject to access limitations and to reach a final decision on thelimitations promptly. In addition, we may limit your use of the Points service, including applying limits to:the number of Points you may have credited to your Points balance at one time, the number of Pointsyou may redeem within a given time period (for example, one day), and the number of promotion Pointsyou may obtain in a single event.If we post Points to your balance for an activity that is subsequently voided, canceled or involves areturned item, then we will remove those Points from your balance. You must ensure that we properlypost your Points to your Points balance. If you believe that you have validly acquired Points that we havenot posted to your Points balance, we will not consider posting these Points unless you contact us within12 months after the date you claimed to have acquired those Points. We may require reasonabledocumentation to support your claim.17. Bing Cashback.You can participate in the Bing cashback service if you are 18 years or older, reside in the United Statesand satisfy the requirements described in this contract and at the Bing cashback website(http://bing.com/cashback). Bing cashback is a service for you to accumulate savings for makingqualifying purchases from participating stores. These savings may be redeemed later via the paymentinstrument that you select for your cashback account, subject to minimum payout of $5.We rely on participating online stores to report purchases to us. Stores may not report your purchase tous if they determine that your purchase did not qualify for cashback savings because you did not complywith this contract or additional terms disclosed on the store’s site, or if the store determines that youwere not referred to the store by Bing cashback. We may also disqualify reported purchases based on ourown determination that you have not complied with this contract or the terms disclosed on the store’ssite. Please review the exclusions carefully.You may earn up to Two Thousand Five Hundred U.S. Dollars ($2,500.00) of cashback savings in acalendar year, calculated based on when the participating store reports your purchases to us. You mayearn cashback savings on purchases that you complete in the same web browsing session (not to exceed24 hours) after clicking on advertisements or listings in the Bing service or the Bing cashback service.Eligible advertisements will be marked with the Bing cashback logo.You will not earn cashback savings on purchases where (a) you close your browser or open the store'sweb site in a different web browser or tab; (b) you click away from the store after clicking on an eligibleadvertisement; (c) your browser is not configured to accept cookies; (d) the purchase is not completed inthe same web browsing session in which you click on the eligible advertisement or listing; (e) the order islater cancelled or the goods or services are later returned; (f) the store does not report the purchase tous; (g) the goods or services are acquired for resale or other business purposes; (h) you use a separatediscount or coupon with your order; (i) you exceed the annual monetary cap on cashback savings; (j):you purchase gift cards or gift certificates; or (k) you make a purchase from yourself or from entities thatyou control or otherwise in collusion with other people.There may be additional or different limitations on purchases at certain stores, and those limitations willbe disclosed on the store's site. Your participation in the Bing cashback service on such online stores willbe subject to this contract as well as any additional terms and conditions disclosed on the store's site. Inthe event of a conflict between any of this contract and those terms and conditions disclosed on thestore's site, the ones disclosed on the store's site will apply and control.To participate in the service you must set up a Bing cashback account athttps://cashbackaccount.bing.com/cashback/welcome.aspx by providing all of the required registrationinformation. You must keep this account information up to date, accurate and secure. You may notbarter, trade or otherwise exchange your account or maintain more than one account.We will describe the Bing cashback savings available for associated qualifying purchases. Participatingstores are responsible for reporting qualifying purchases (and related returns, refunds and/or couponuse) to us. Within two days after a qualifying purchase is reported to us, we will list the purchase in youraccount with a status of "pending." The purchase will stay in pending status for a period of up to 60 days(although for certain stores, the period can extend up to 90 days) to account for returns, refunds, fraudand other processing issues. After this point, if the purchase is eligible for savings, it will be marked as"available" in your account and the associated savings will be eligible for redemption as described below.


You must ensure that we properly post savings to your account. If you believe that you have earnedsavings that are not posted to your account, we will not consider posting them to your account unlessyou contact us within six months after the date of the associated purchase. We may require reasonabledocumentation to support your claim.Bing cashback savings have no monetary value until the associated purchases are approved and youmake a proper redemption request. You may request redemptions from your account, subject tothen-current minimum redemption requirements. Redemptions for cash payments are subject to section 8above. There may be additional limitations for redeeming savings on purchases from certain stores, andthose limitations will be disclosed on the store site. We may offer additional redemption options. You areresponsible for any tax liability from your participation in the service.We may disqualify transactions, reverse previously paid cashback savings, refuse redemptions and/orclose your account at any time if you participate in any fraud or abuse relating to the service (including,without limitation, conducting "sham" transactions or otherwise colluding with merchants), make anymisrepresentation in connection with your participation in the service, maintain multiple accounts, or donot otherwise comply with this contract. If you receive your cashback savings into your PayPal account,we may request that PayPal debit from your PayPal account the amounts we paid to you if we believe, inour sole discretion, that you should not have received the cashback savings for any of the reasons statedin this contract or any other agreement related to your eligibility for cashback savings. You authorizePayPal to honor our request to debit the amount of the cashback savings from your PayPal account. Wealso may close your account if it has been inactive for 12 months (i.e., no qualifying purchases orredemption of savings during the 12-month period). Accrued but unredeemed Bing cashback savings inaccounts that are closed will be returned to Microsoft.We may share your information with stores and our business partners in the cashback program in orderto help us address customer support and other issues related to your participation in the cashbackprogram. After each purchase you make, the store you purchase from will send us your purchaseinformation, which we will use to process your cashback. This information, plus the other information youprovide when creating an account and using cashback is subject to the Microsoft Online PrivacyStatement, available at http://go.microsoft.com/fwlink/?LinkId=74170.Advertisers, participating stores and service providers for the Bing cashback service, while beneficiaries ofthe disclaimers and limitations of liability in sections 20 and 21 below, have no obligations to you for theservice or under this contract.18. MSN Video.The videos and the embeddable video player available on MSN Video are for your non-commercial,personal use only and, unless otherwise indicated, may not be downloaded, copied or redistributedwithout authorization from the rightsholders. You may not use the MSN Video embeddable video playerwithout Microsoft’s prior written consent on any web site whose primary purpose is the display ofadvertising, collection of subscription revenues or direct competition with MSN Video. You acknowledgeand agree that your use of the MSN Video embeddable video player may give rise to additionalthird-party costs, fees and royalties, including, without limitation, applicable public performance royaltiesin your market. The MSN Video embeddable video player is software for purposes of this contract.19. How We May Change the Contract.If we change this contract, then we will tell you at least 30 days before the change takes place. If you donot agree to these changes, then you must cancel and stop using the service before the change takesplace. If you do not stop using the service, then your use of the service will continue under the changedcontract.20. WE MAKE NO WARRANTY.


We provide the service "as-is," "with all faults" and "as available." We do not guarantee theaccuracy or timeliness of information available from the service. We and our affiliates,resellers, distributors and vendors (collectively, the "Microsoft parties") give no expresswarranties, guarantees or conditions. You may have additional consumer rights under yourlocal laws that this contract cannot change. We exclude any implied warranties includingthose of merchantability, fitness for a particular purpose, workmanlike effort andnon-infringement.21. LIABILITY LIMITATION.You can recover from the Microsoft parties only direct damages up to an amount equal toyour service fee for one month. You cannot recover any other damages, includingconsequential, lost profits, special, indirect, incidental or punitive damages.This limitation applies to anything related to:· the service,· content (including code) on third party Internet sites, third party programs or third party conduct,· viruses or other disabling features that affect your access to or use of the service,· incompatibility between the service and other services, software and hardware,· delays or failures you may have in initiating, conducting or completing any transmissions ortransactions in connection with the service in an accurate or timely manner, and· claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, orother tort.It also applies even if:· this remedy does not fully compensate you for any losses, or fails of its essential purpose; or· Microsoft knew or should have known about the possibility of the damages.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 youbecause your province or country may not allow the exclusion or limitation of incidental,consequential or other damages.22. Changes to the Service; If We Cancel the Service.We may change the service or delete features at any time and for any reason. We may cancelor suspend your service at any time. Our cancellation or suspension may be without cause and/or withoutnotice. Upon service cancellation, your right to use the service stops right away. Once the service iscancelled or suspended, any data you have stored on the service may not be retrieved later.Our cancellation of the service will not alter your obligation to pay all charges made to your billingaccount. If we cancel the service in its entirety without cause, then we will refund to you on a pro-ratabasis the amount of payments that you have made corresponding to the portion of your serviceremaining right before the cancellation.


23. Interpreting the Contract.All parts of this contract apply to the maximum extent permitted by law. A court may hold thatwe cannot enforce a part of this contract as written. If this happens, then you and we will replace thatpart with terms that most closely match the intent of the part that we cannot enforce. The rest of thiscontract will not change. This is the entire contract between you and us regarding your use of theservice. It supersedes any prior contract or statements regarding your use of the service. If you haveconfidentiality obligations related to the service, those obligations remain in force (for example, you mayhave been a beta tester). The section titles in the contract do not limit the other terms of this contract.24. Assignment.We may assign this contract, in whole or in part, at any time with or without notice to you. You may notassign this contract, or any part of it, to any other person. Any attempt by you to do so is void. You maynot transfer to anyone else, either temporarily or permanently, any rights to use the service or any partof the service.25. No Third Party Beneficiaries.This contract is solely for your and our benefit. It is not for the benefit of any other person, except forpermitted successors and assigns under this contract.26. Claim Must Be Filed Within One Year.Any claim related to this contract or the service may not be brought unless brought withinone year. The one-year period begins on the date when the claim first could be filed. If it isnot filed in time, then that claim is permanently barred. This applies to you and yoursuccessors. It also applies to us and our successors and assigns.27. Your Notices to Us.You may notify us as stated in the customer support or "help" area for the service. We do not accepte-mail notices.28. Notices We Send You; Consent Regarding Electronic Information.This contract is in electronic form. We have promised to send you certain information in connection withthe service and have the right to send you certain additional information. There may be other informationregarding the service that the law requires us to send you. We may send you this information inelectronic form. You have the right to withdraw this consent, but if you do, we may cancel your service.We may provide required information to you:· by e-mail at the e-mail address you specified when you signed up for your service;· by access to a Microsoft web site that will be designated in an e-mail notice sent to you atthe time the information is available; or· by access to a Microsoft web site that will be generally designated in advance for thispurpose.


Notices provided to you via e-mail will be deemed given and received on the transmissiondate of the e-mail. As long as you can access and use the service, you have the necessary softwareand hardware to receive these notices. If you do not consent to receive any notices electronically, youmust stop using the service.29. 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, findthe country or region where you live (if you are signing up for the service as an individual person) or yourbusiness is located (if you are signing up for services for your business) in the subsections below, and inthat subsection you will find the Microsoft company that is contracting with you and the choice of law andthe location for resolving disputes with the Microsoft company.a. 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, UnitedStates, and Washington state law governs the interpretation of this contract and applies to claims forbreach of it, regardless of conflict of laws principles. All other claims, including claims regardingconsumer protection laws, unfair competition laws, and in tort, will be subject to the laws of your stateof residence in the United States, or if you live outside the United States, the laws of the country towhich we direct your service. You and we irrevocably consent to the exclusive jurisdiction and venue ofthe state or federal courts in King County, Washington, USA for all disputes arising out of or relating tothis contract.b. 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, SouthAfrica, Spain, Switzerland, Sweden, Tunisia, Turkey, Ukraine, United Arab Emirates, UnitedKingdom, or Yemen, then you are contracting with Microsoft Luxembourg S.Ã .r.l., 20 Rue EugeneRuppert, Immeuble Laccolith, 1st Floor, L-2543 Luxembourg, and the laws of Luxembourg govern theinterpretation of this is contract and apply to claims for breach of it, regardless of conflict of lawsprinciples. All other claims, including claims regarding consumer protection laws, unfair competitionlaws, and in tort, will be subject to the laws of the country to which we direct your service. You andwe irrevocably agree to the exclusive jurisdiction and venue of the Luxembourg courts for all disputesarising out of or relating to this contract.c. Japan. If you live or your business is headquartered in Japan, and you receive software from us aspart of the service, then, unless we tell you otherwise, you are licensing the software from MicrosoftOperations Pte Ltd, 1 Marina Boulevard, #22-01 One Marina Blvd, Singapore 01898. Otherwise you arecontracting 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 theTokyo District Court.d. 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 withMicrosoft Operations, Pte Ltd, 1 Marina Boulevard, #22-01 One Marina Blvd, Singapore 01898, and thelaws of Singapore govern this contract. You and we irrevocably agree to the exclusive jurisdiction andvenue of the Singapore courts for all disputes arising out of or relating to this contract. Any disputearising 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 inaccordance with the Arbitration Rules of the Singapore International Arbitration Center, which rules aredeemed to be incorporated by reference into this clause. The Tribunal shall consist of one arbitrator tobe appointed by the Chairman of SIAC. The language of arbitration shall be English. The decision ofthe arbitrator shall be final, binding and incontestable and may be used as a basis for judgmentthereon in any country or region.e. India. If you live or your business is headquartered in India, then you are contracting with MicrosoftRegional Sales Corporation, a corporation organized under the laws of the State of Nevada, USA, witha 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 thiscontract, regardless of conflict of laws principles. Any dispute arising out of or in connection with thisagreement, including any question regarding its existence, validity or termination shall be referred toand finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of theSingapore International Arbitration Center, which rules are deemed to be incorporated by referenceinto 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 andincontestable and may be used as a basis for judgment thereon in India or elsewhere.f. China. If you live or your business is headquartered in China, then you are contracting with MicrosoftCorporation, One Microsoft Way, Redmond, WA 98052, United States, and Washington state lawgoverns this contract, regardless of conflict of laws principles. The jurisdiction of the state or federalcourts off King County, Washington, United States is non-exclusive.g. Korea. If you live or your business is headquartered in Korea, then you are contracting with MicrosoftKorea, Inc., POSCO Bldg, 8th Floor, 892 Daechi 4-Dong, Kangnam-Gu, Seoul, Korea 135-777, and thelaws of the Republic of Korean govern this contract. You and we irrevocably agree to exclusive originaljurisdiction and venue in the Seoul District Court.h. Taiwan. If you live or your business is headquartered in Taiwan, then you are contracting withMicrosoft Taiwan Corporation, 8F, No 7 Sungren Road, Shinyi Chiu, Taipei, Taiwan 110, and the lawsof Taiwan govern this contract. You and we irrevocably designate the Taipei District Court as the courtof first instance having jurisdiction over any disputes arising out of or in connection with this contract.NOTICESNotices and Procedure for Making Claims of Copyright InfringementUnder 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 THEFOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure forMaking Claims of Copyright Infringement at http://www.microsoft.com/info/cpyrtInfrg.htm.Copyright and Trademark NoticesAll contents of the service are Copyright © 2009 Microsoft Corporation and/or its suppliers, One MicrosoftWay, Redmond, Washington 98052-6399 U.S.A. All rights reserved. Copyright and other intellectualproperty laws and treaties protect any software or content provided as part of the service. We or oursuppliers own the title, copyright, and other intellectual property rights in the software or content.Microsoft, Windows, Windows Live, Windows logo, MSN, MSN logo (butterfly), OneCare and/or otherMicrosoft products and services referenced herein may also be either trademarks or registeredtrademarks of Microsoft in the United States and/or other countries. The names of actual companies andproducts mentioned herein may be the trademarks of their respective owners. The example companies,organizations, products, domain names, e-mail addresses, logos, people, places and events depictedherein are fictitious. No association with any real company, organization, product, domain name, e-mailaddress, logo, person, places or events is intended or should be inferred. Any rights not expresslygranted herein are reserved. Certain software used in certain Microsoft web sites servers is based in parton the work of the Independent JPEG Group. Copyright © 1991 -1996 Thomas G. Lane. All rightsreserved. "gnuplot" software used in certain Microsoft web sites servers is copyright © 1986-1993Thomas Williams, Colin Kelley. All rights reserved.Potentially Unwanted SoftwareIf you remove or disable "spyware," "adware" and other potentially unwanted software ("potentiallyunwanted software"), it may cause other software on your computer to stop working, and it may causeyou to breach a license to use other software on your computer (such as where the other softwareinstalled the potentially unwanted software on your computer as a condition of your use of the othersoftware). By using features of the service intended to help you remove or disable potentially unwantedsoftware, it is possible that you will also remove or disable software that is not potentially unwantedsoftware. If a feature of the service prompts you before removing or disabling potentially unwantedsoftware, you are solely responsible for selecting which potentially unwanted software the serviceremoves or disables. Before authorizing the removal of any potentially unwanted software, you shouldread the license agreements for the potentially unwanted software.Stock Quotes and E-mail AlertsStock quotes appearing on the service are supplied by S&P ComStock, Inc. ("ComStock"). Unlessotherwise indicated, stock quotes are delayed at least 20 minutes (NASDAQ stock quotes are delayed atleast 15 minutes). Stock quotes indicated as "real-time quotes" are made available without delayfollowing their receipt from ComStock. Your actual receipt of real-time quotes may be affected by delaysin transmission over the Internet, and by other causes. All stock quotes are labeled with "time of lasttrade" to indicate the timeliness of the data.All information provided by ComStock and its affiliates (the "ComStock Information") included in theservice is owned by or licensed to ComStock and its affiliates and any user is permitted to store,


manipulate, analyze, reformat, print and display the ComStock Information only for such user's personaluse. In no event shall any user publish, retransmit, redistribute or otherwise reproduce any ComStockInformation in any format to anyone, and no user shall use any ComStock Information in or in connectionwith any business or commercial enterprise, including, without limitation, any securities, investment,accounting, banking, legal or media business or enterprise. Prior to the execution of a security tradebased upon the ComStock Information, you are advised to consult with your broker or other financialrepresentative to verify pricing information. Neither ComStock nor its affiliates make any express orimplied warranties (including, without limitation, any warranty or merchantability or fitness for aparticular purpose or use) regarding the ComStock Information. The ComStock Information is provided tothe users "as is." Neither ComStock nor its affiliates will be liable to any user or anyone else for anyinterruption, inaccuracy, error or omission, regardless of cause, in the ComStock Information or for anydamages (whether direct or indirect, consequential, punitive or exemplary) resulting therefrom.Third Party Account InformationBy using the "My Accounts" service through the service, you authorize Microsoft and its agents to accessthird party sites designated by you or on your behalf, to retrieve information requested by you, and youappoint Microsoft and its agents as your agent for this limited purpose. Each time you enter your accountlogin information, you are permitting Microsoft and its agents to process your request and useinformation submitted by you to accomplish the foregoing. You will choose a password when registering.MSN Bill Pay Service Terms of Use and Privacy StatementThe MSN Bill Pay service is provided by a third party service provider. Clickhttps://cw411.checkfreeweb.com/pcw411/wps?rq=vtc&sp=1299 andhttps://cw411.checkfreeweb.com/pcw411/wps?&sp=1299&rq=gf&file=privacy_policy.htmlt to view thethird party service provider's terms and conditions for use of the MSN Bill Pay service and the privacypolicy applicable to how the third party service provider handles your data for the MSN Bill Pay service.Parental ControlsMicrosoft offers parental control protections that help you limit access to material that is harmful tominors. If you are interested in learning more about these protections, information is available athttp://www.staysafe.org or other similar sites providing information on parental control protections.Financial NoticeMicrosoft is not a broker/dealer or registered investment advisor under United States federal securitieslaw or securities laws of other jurisdictions, and does not advise individuals as to the advisability ofinvesting in, purchasing or selling securities or other financial products or services. Nothing contained inthe service constitute an offer or solicitation to buy or sell any security. Microsoft does not endorse orrecommend any particular financial products or services. Nothing contained in the service is intended toconstitute professional advice, including but not limited to, investment or tax advice.Windows Supplemental CodePLEASE NOTE: Microsoft Corporation (or based on where you live or where your business isheadquartered, one of the Microsoft companies referenced in section 29) licenses this supplement to you.You may use a copy of this supplement with each validly licensed copy of Microsoft Windows softwareidentified for use with it (the "software"). You may not use it if you do not have a license for thesoftware. The license terms for the software apply to your use of this supplement. This supplement is


covered by the Microsoft Online Privacy Statement, http://go.microsoft.com/fwlink/?LinkId=74170Notice About VC-1 Visual StandardsThe software may include VC-1 visual decoding technology. MPEG LA, L.L.C. requires this notice:THIS PRODUCT IS <strong>LICENSE</strong>D UNDER THE VC-1 PATENT PORTFOLIO <strong>LICENSE</strong>S <strong>FOR</strong> THE PERSONAL ANDNON-COMMERCIAL USE OF A CONSUMER TO (A) ENCODE VIDEO IN COMPLIANCE WITH THE VC-1STANDARD ("VC-1 VIDEO") OR (B) DECODE VC-1 VIDEO THAT WAS ENCODED BY A CONSUMERENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEOPROVIDER <strong>LICENSE</strong>D TO PROVIDE VC-1 VIDEO. NO <strong>LICENSE</strong> IS GRANTED OR SHALL BE IMPLIED <strong>FOR</strong>ANY OTHER USE.If you have questions about the VC-1 visual standard, please contact MPEG LA, L.L.C., 250 Steele Street,Suite 300, Denver, Colorado 80206; http://www.mpegla.com.Respect CopyrightPlease respect the rights of artists and creators. Content such as music, photos and video may beprotected by copyright. People appearing in content may have a right to control use of their image. Youmay not share other people's content unless you own the rights or have permission from the owner.SupportCustomer support is not offered for the service, unless provided otherwise in this contract or thematerials we publish in connection with a particular service specify that it includes customer support.

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