end-user license agreement for alienware, third party and microsoft ...

end-user license agreement for alienware, third party and microsoft ... end-user license agreement for alienware, third party and microsoft ...

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END-USER LICENSE AGREEMENT FOR ALIENWARE, THIRD PARTY AND MICROSOFTSOFTWAREMICROSOFT SOFTWARE LICENSE TERMSMICROSOFT SECURITY ESSENTIALS 1.0These 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 this

END-USER LICENSE AGREEMENT FOR ALIENWARE, THIRD PARTY AND MICROSOFTSOFTWAREMICROSOFT SOFTWARE LICENSE TERMSMICROSOFT SECURITY ESSENTIALS 1.0These <strong>license</strong> terms are an <strong>agreement</strong> between Microsoft Corporation (or based on where you live, oneof its affiliates) <strong>and</strong> 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, <strong>and</strong>· support services<strong>for</strong> 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 st<strong>and</strong>ard computer in<strong>for</strong>mation during validation, automaticdownload <strong>and</strong> installation of certain updates, <strong>and</strong> <strong>for</strong> Internet-based services.If you comply with these <strong>license</strong> terms, you have the rights below <strong>for</strong> each <strong>license</strong> youacquire.1. INSTALLATION AND USE RIGHTS.a. Use. You may install <strong>and</strong> use any number of copies of the software on your devices in yourhousehold <strong>for</strong> use by people who reside there or <strong>for</strong> use in your home-based small business.b. Separation of Components. The components of the software are <strong>license</strong>d as a single unit. Youmay not separate the components <strong>and</strong> install them on different devices.c. Included Microsoft Programs. The software may contain other Microsoft programs. The<strong>license</strong> 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, dep<strong>end</strong>ing upon your specific operating system.b. Validation verifies that your computer’s operating system has been activated <strong>and</strong> is properly<strong>license</strong>d. Validation also permits you to use certain features of the operating system software orto obtain additional benefits.c. If a validation check is per<strong>for</strong>med, the operating system software will s<strong>end</strong> in<strong>for</strong>mation about thesoftware <strong>and</strong> your operating system software to Microsoft. This in<strong>for</strong>mation includes the versionsof the software <strong>and</strong> operating system software. Microsoft does not use the in<strong>for</strong>mation to identifyor contact you. By using the software, you consent to the transmission of this


in<strong>for</strong>mation. For more in<strong>for</strong>mation, seehttp://www.<strong>microsoft</strong>.com/genuine/downloads/PrivacyInfo.aspx.d. If, after a validation check, your operating system software is found not to be properly <strong>license</strong>d,the software you are installing may be disabled, or the functionality of the operating systemsoftware may be affected, dep<strong>end</strong>ing upon your specific operating system <strong>and</strong> applicable laws.For example, you may need to reactivate the operating system software or you may receivereminders to obtain a properly <strong>license</strong>d 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 <strong>for</strong> the operating system software from Microsoft orauthorized sources. For more in<strong>for</strong>mation on obtaining updates from authorized sources, seewww.<strong>microsoft</strong>.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 <strong>for</strong> 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 in<strong>for</strong>mation about these features, seehttp://go.<strong>microsoft</strong>.com/fwlink/?LinkId=148744. By using these features, you consent tothe transmission of this in<strong>for</strong>mation. Microsoft does not use the in<strong>for</strong>mation to identify orcontact you.Computer In<strong>for</strong>mation. The following features use Internet protocols, which s<strong>end</strong> to theappropriate systems computer in<strong>for</strong>mation, such as your Internet protocol address, the type ofoperating system, browser <strong>and</strong> name <strong>and</strong> version of the software you are using, <strong>and</strong> thelanguage code of the device where you installed the software. Microsoft uses this in<strong>for</strong>mation 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 <strong>and</strong> 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 <strong>and</strong> operate the software. For more in<strong>for</strong>mation about the MicrosoftUpdate feature, see http://go.<strong>microsoft</strong>.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 <strong>and</strong> download <strong>and</strong> install available DRM Updates. For morein<strong>for</strong>mation, see http://go.<strong>microsoft</strong>.com/fwlink/?LinkId=123883.· Malicious Software Removal. The software will check <strong>for</strong> <strong>and</strong> remove certain high severitymalicious software (“Malware”) from your device automatically during scheduled scans<strong>and</strong> after discovery. When the software checks your device <strong>for</strong> Malware, a report will besent to Microsoft about any Malware detected or errors that occur while the software ischecking <strong>for</strong> Malware, specific in<strong>for</strong>mation relating to the detection, errors that occurredwhile the software was checking <strong>for</strong> Malware, <strong>and</strong> other in<strong>for</strong>mation about your devicethat will help us improve this <strong>and</strong> other Microsoft products <strong>and</strong> services. No in<strong>for</strong>mationthat can be used to identify you is included in the report.


· Error Reports. This software automatically s<strong>end</strong>s error reports to Microsoft that describewhich software components had errors. No files or memory dumps will be sent unlessyou choose to s<strong>end</strong> them. From time-to-time, we will also download a small file to yourcomputer that permits us to collect in<strong>for</strong>mation about specific errors you have whileusing the software. For more in<strong>for</strong>mation about Error Reports, seehttp://go.<strong>microsoft</strong>.com/fwlink/?LinkId=148744.· Potentially Unwanted Software. The software will search your computer <strong>for</strong> low tomedium severity Malware, including but not limited to, spyware, <strong>and</strong> 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, <strong>and</strong> it may cause you to breach a <strong>license</strong> 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 <strong>license</strong> <strong>agreement</strong>s <strong>for</strong> other software be<strong>for</strong>e 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 allows<strong>user</strong>s to become part of a network community of <strong>user</strong>s that report spyware <strong>and</strong> other<strong>for</strong>ms of Potentially Unwanted Software to Microsoft. Upon initial installation, <strong>user</strong>s 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 <strong>for</strong> risks. The reports include in<strong>for</strong>mation about the files orprograms in question. For more in<strong>for</strong>mation about Microsoft SpyNet <strong>and</strong> the in<strong>for</strong>mationcollected <strong>for</strong> reports, see the privacy statement athttp://go.<strong>microsoft</strong>.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 in<strong>for</strong>mation about this feature, seehttp://go.<strong>microsoft</strong>.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 s<strong>end</strong> to the appropriate systems your computer in<strong>for</strong>mation,such as your Internet protocol address, the type of operating system, browser <strong>and</strong> name<strong>and</strong> version of the software you are using, <strong>and</strong> the language code of the device whereyou installed the software, <strong>and</strong> (c) automatically download <strong>and</strong> install, or prompt you todownload <strong>and</strong>/or install, current Updates to a previous version of the software. Byinstalling the software <strong>and</strong> not opting out of this feature, you consent to the transmissionof your computer in<strong>for</strong>mation <strong>and</strong> the automatic downloading <strong>and</strong> installation of Updates.4. SCOPE OF LICENSE. The software is <strong>license</strong>d, not sold. This <strong>agreement</strong> 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 <strong>agreement</strong>. 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 <strong>third</strong> <strong>party</strong> without Microsoft’sprior written approval;· work around any technical limitations in the software;


· reverse engineer, decompile or disassemble the software, except <strong>and</strong> only to the extent thatapplicable law expressly permits, despite this limitation;· make more copies of the software than specified in this <strong>agreement</strong> or allowed by applicable law,despite this limitation;· publish the software <strong>for</strong> others to copy;· rent, lease or l<strong>end</strong> the software; or· use the software <strong>for</strong> 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 <strong>and</strong> use the documentation <strong>for</strong> 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 LICENSED UNDER THE VC-1 PATENT PORTFOLIO LICENSES FOR 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 LICENSED TO PROVIDE VC-1 VIDEO. NO LICENSE IS GRANTED ORSHALL BE IMPLIED FOR ANY OTHER USE.If you have questions about the VC-1 visual st<strong>and</strong>ard, 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 <strong>and</strong> regulations.You must comply with all domestic <strong>and</strong> international export laws <strong>and</strong> regulations that apply to thesoftware. These laws include restrictions on destinations, <strong>end</strong> <strong>user</strong>s <strong>and</strong> <strong>end</strong> use. For additionalin<strong>for</strong>mation, see www.<strong>microsoft</strong>.com/exporting.9. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services <strong>for</strong> it.For more in<strong>for</strong>mation on support provided <strong>for</strong> the software, go to.10. ENTIRE AGREEMENT. This <strong>agreement</strong> (including the warranty below), any add<strong>end</strong>um oram<strong>end</strong>ment included with the software, <strong>and</strong> the terms <strong>for</strong> supplements, updates, Internet-basedservices <strong>and</strong> support services that you use, are the entire <strong>agreement</strong> <strong>for</strong> the software <strong>and</strong> supportservices.11. APPLICABLE LAW.a. United States. If you acquired the software in the United States, Washington state law governsthe interpretation of this <strong>agreement</strong> <strong>and</strong> applies to claims <strong>for</strong> 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, <strong>and</strong> 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 <strong>agreement</strong> 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 <strong>party</strong> from whom youacquired the software. This <strong>agreement</strong> 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 <strong>license</strong>d “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 <strong>agreement</strong> cannotchange. To the extent permitted under your local laws, Microsoft excludes the impliedwarranties of merchantability, fitness <strong>for</strong> a particular purpose <strong>and</strong> non-infringement.14. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover fromMicrosoft <strong>and</strong> 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 <strong>third</strong> <strong>party</strong> Internet sites,or <strong>third</strong> <strong>party</strong> programs; <strong>and</strong>· claims <strong>for</strong> 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 LICENSE TERMSMICROSOFT ® PLAYREADY ® PC RUNTIME EULAThese <strong>license</strong> terms are an <strong>agreement</strong> between Microsoft Corporation (or based on where you live, oneof its affiliates) <strong>and</strong> 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, <strong>and</strong>· support services<strong>for</strong> 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 transmission


of certain st<strong>and</strong>ard computer in<strong>for</strong>mation <strong>for</strong> Internet-based services.If you comply with these <strong>license</strong> terms, you have the rights below.1. INSTALLATION AND USE RIGHTS. You may install <strong>and</strong> 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 <strong>for</strong> 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 in<strong>for</strong>mation. Microsoft does not use the in<strong>for</strong>mation to identify orcontact you.b. Computer In<strong>for</strong>mation. The following feature uses Internet protocols, which s<strong>end</strong> to theappropriate systems computer in<strong>for</strong>mation, such as your Internet protocol address, the type ofoperating system, browser <strong>and</strong> name <strong>and</strong> version of the software you are using, <strong>and</strong> thelanguage code of the device where you installed the software. Microsoft uses this in<strong>for</strong>mation 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 <strong>and</strong> 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,<strong>and</strong> (b) use Internet protocols to s<strong>end</strong> the appropriate systems st<strong>and</strong>ard computerin<strong>for</strong>mation, troubleshooting data, <strong>and</strong> a unique identifier <strong>for</strong> your PlayReady version <strong>and</strong>in<strong>for</strong>mation about your PlayReady version, such as revisions, security levels <strong>and</strong>certificates. If you decline an update, you will not be able to access content thatrequires the update.3. SCOPE OF LICENSE. The software is <strong>license</strong>d, not sold. This <strong>agreement</strong> 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 <strong>agreement</strong>.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 <strong>third</strong> <strong>party</strong> without Microsoft’sprior written approval;· work around any technical limitations in the software;


· reverse engineer, decompile or disassemble the software, except <strong>and</strong> only to the extent thatapplicable law expressly permits, despite this limitation;· make more copies of the software than specified in this <strong>agreement</strong> or allowed by applicable law,despite this limitation;· publish the software <strong>for</strong> others to copy;· rent, lease or l<strong>end</strong> the software;· transfer the software or this <strong>agreement</strong> to any <strong>third</strong> <strong>party</strong>; or· use the software <strong>for</strong> 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 <strong>and</strong> use the documentation <strong>for</strong> your internal, reference purposes.6. EXPORT RESTRICTIONS. The software is subject to United States export laws <strong>and</strong> regulations.You must comply with all domestic <strong>and</strong> international export laws <strong>and</strong> regulations that apply to thesoftware. These laws include restrictions on destinations, <strong>end</strong> <strong>user</strong>s <strong>and</strong> <strong>end</strong> use. For additionalin<strong>for</strong>mation, see www.<strong>microsoft</strong>.com/exporting .7. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services <strong>for</strong> it.8. ENTIRE AGREEMENT. This <strong>agreement</strong>, <strong>and</strong> the terms <strong>for</strong> supplements, updates, Internet-basedservices <strong>and</strong> support services that you use, are the entire <strong>agreement</strong> <strong>for</strong> the software <strong>and</strong> supportservices.9. APPLICABLE LAW.a. United States. If you acquired the software in the United States, Washington state lawgoverns the interpretation of this <strong>agreement</strong> <strong>and</strong> applies to claims <strong>for</strong> 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, <strong>and</strong> 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 <strong>agreement</strong> describes certain legal rights. You may have other rights underthe laws of your country. You may also have rights with respect to the <strong>party</strong> from whom youacquired the software. This <strong>agreement</strong> 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 <strong>license</strong>d “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 <strong>agreement</strong> cannotchange. To the extent permitted under your local laws, Microsoft excludes the impliedwarranties of merchantability, fitness <strong>for</strong> a particular purpose <strong>and</strong> non-infringement.12. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover fromMicrosoft <strong>and</strong> its suppliers only direct damages up to U.S. $5.00. You cannot recover


any other damages, including consequential, lost profits, special, indirect or incidentaldamages.This limitation applies to· anything related to the software, services, content (including code) on <strong>third</strong> <strong>party</strong> Internet sites,or <strong>third</strong> <strong>party</strong> programs; <strong>and</strong>· claims <strong>for</strong> 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 march<strong>and</strong>e, 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 prét<strong>end</strong>re 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 LICENSE TERMSSOFTWARE SUPPLEMENT FOR MICROSOFT WINDOWS OPERATING SYSTEMMicrosoft Corporation (or based on where you live, one of its affiliates) <strong>license</strong>s this supplement to you.If you are <strong>license</strong>d to use Microsoft Windows operating system software (<strong>for</strong> which this supplement isapplicable) (the "software"), you may use this supplement. You may not use it if you do not have a<strong>license</strong> <strong>for</strong> the software. You may use this supplement with each validly <strong>license</strong>d copy of the software.Microsoft provides support services <strong>for</strong> this software as described atwww.support.<strong>microsoft</strong>.com/common/international.aspx.If you are supplementing a version of the software without media player functionality, the following<strong>license</strong> terms describe additional use terms <strong>for</strong> this supplement <strong>and</strong> new use terms <strong>for</strong> the software.These terms <strong>and</strong> the <strong>license</strong> terms <strong>for</strong> the software apply to your use of the supplement. If there is aconflict, these supplemental <strong>license</strong> 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 <strong>license</strong> terms, you have the rights below.1. INSTALLATION OF ADDITIONAL COMPONENTS. The installer <strong>for</strong> the supplement will download<strong>and</strong> 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 <strong>for</strong> 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 morein<strong>for</strong>mation about these features, see http://go.<strong>microsoft</strong>.com/fwlink/?LinkId=74356. By using thesefeatures, you consent to the transmission of this in<strong>for</strong>mation. Microsoft does not use the in<strong>for</strong>mation toidentify or contact you.Computer In<strong>for</strong>mation. The following features use Internet protocols, which s<strong>end</strong> to theappropriate systems computer in<strong>for</strong>mation, such as your Internet protocol address, the type of operatingsystem, browser <strong>and</strong> name <strong>and</strong> version of the software you are using, <strong>and</strong> the language code of thedevice where you installed the software. Microsoft uses this in<strong>for</strong>mation 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 <strong>and</strong> <strong>third</strong> <strong>party</strong> software use WMDRM to play <strong>and</strong> 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 download<strong>license</strong>s <strong>for</strong> protected content, you agree that Microsoft may include a revocation list with the <strong>license</strong>s.Content owners may require you to upgrade WMDRM to access their content. Microsoft software thatincludes WMDRM will ask <strong>for</strong> 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 <strong>for</strong> which you have a valid <strong>license</strong>.· Windows Media Player. When you use Windows Media Player, it checks with Microsoft <strong>for</strong>· compatible online music services in your region;· new versions of the player; <strong>and</strong>· codecs if your device does not have the correct ones <strong>for</strong> playing content.


You can switch off this last feature. For more in<strong>for</strong>mation, go tohttp://go.<strong>microsoft</strong>.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 FOR USE DIRECTLY RELATED TO (A) DATA OR INFORMATION (i)GENERATED BY AND OBTAINED WITHOUT CHARGE FROM A CONSUMER NOT THEREBY ENGAGED IN ABUSINESS ENTERPRISE, AND (ii) FOR PERSONAL USE ONLY; AND (B) OTHER USES SPECIFICALLY ANDSEPARATELY LICENSED BY MPEG LA, L.L.C.If you have questions about the MPEG-4 visual st<strong>and</strong>ard, 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 LICENSED UNDER THE VC-1 PATENT PORTFOLIO LICENSES FOR 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 LICENSED TO PROVIDE VC-1 VIDEO. NO LICENSE IS GRANTED OR SHALLBE IMPLIED FOR ANY OTHER USE.If you have questions about the VC-1 visual st<strong>and</strong>ard, please contact MPEG LA, L.L.C., 250 SteeleStreet, Suite 300, Denver, Colorado 80206; http://www.mpegla.com.MICROSOFT INTERNET EXPLORERINFORMATION 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 <strong>for</strong>ums <strong>and</strong> product in<strong>for</strong>mation (collectively"Services"). The Services, including any updates, enhancements, new features, <strong>and</strong>/or the addition of anynew Web properties, are subject to the TOU.PERSONAL AND NON-COMMERCIAL USE LIMITATION.Unless otherwise specified, the Services are <strong>for</strong> your personal <strong>and</strong> non-commercial use. You may notmodify, copy, distribute, transmit, display, per<strong>for</strong>m, reproduce, publish, <strong>license</strong>, create derivative worksfrom, transfer, or sell any in<strong>for</strong>mation, software, products or services obtained from the Services.PRIVACY AND PROTECTION OF PERSONAL INFORMATION.See the Privacy Statement disclosures relating to the collection <strong>and</strong> use of your in<strong>for</strong>mation.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 <strong>and</strong>/or its suppliers. Use of the Software is governed by the terms of the <strong>end</strong> <strong>user</strong> <strong>license</strong><strong>agreement</strong>, if any, which accompanies or is included with the Software ("License Agreement"). An <strong>end</strong><strong>user</strong> 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 <strong>for</strong> download solely <strong>for</strong> use by <strong>end</strong> <strong>user</strong>s according to the LicenseAgreement. Any reproduction or redistribution of the Software not in accordance with the LicenseAgreement is expressly prohibited by law, <strong>and</strong> may result in severe civil <strong>and</strong> criminal penalties. Violatorswill be prosecuted to the maximum extent possible.WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANYOTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLYPROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THELICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSEAGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, MICROSOFT CORPORATIONHEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE,INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIEDOR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.FOR YOUR CONVENIENCE, MICROSOFT MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITSSOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR 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 LEGEND. Any Software which is downloaded from the Services <strong>for</strong> or on behalf ofthe United States of America, its agencies <strong>and</strong>/or instrumentalities ("U.S. Government"), is provided withRestricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set<strong>for</strong>th in subparagraph (c)(1)(ii) of the Rights in Technical Data <strong>and</strong> Computer Software clause at DFARS252.227-7013 or subparagraphs (c)(1) <strong>and</strong> (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 <strong>and</strong> FAQs) from theServices is granted, provided that (1) the below copyright notice appears in all copies <strong>and</strong> that both thecopyright notice <strong>and</strong> this permission notice appear, (2) use of such Documents from the Services is <strong>for</strong>in<strong>for</strong>mational <strong>and</strong> non-commercial or personal use only <strong>and</strong> will not be copied or posted on any networkcomputer or broadcast in any media, <strong>and</strong> (3) no modifications of any Documents are made. Accreditededucational institutions, such as K-12, universities, private/public colleges, <strong>and</strong> state community colleges,


may download <strong>and</strong> reproduce the Documents <strong>for</strong> distribution in the classroom. Distribution outside theclassroom requires express written permission. Use <strong>for</strong> any other purpose is expressly prohibited by law,<strong>and</strong> may result in severe civil <strong>and</strong> 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, <strong>license</strong>d or controlled site. Elements of Microsoft Web sites areprotected by trade dress, trademark, unfair competition, <strong>and</strong> other laws <strong>and</strong> 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 INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICSPUBLISHED AS PART OF THE SERVICES FOR 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 INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE ANDNON-INFRINGEMENT. IN NO EVENT SHALL MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLEFOR 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 ORPERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDETECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TOTHE INFORMATION 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 FOR 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 PERFORMANCE OF SOFTWARE,DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION 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 <strong>and</strong> accurate in<strong>for</strong>mation as prompted by the applicable registration<strong>for</strong>m. You also will choose a password <strong>and</strong> a <strong>user</strong> name. You are entirely responsible <strong>for</strong> maintaining theconfidentiality of your password <strong>and</strong> account. Furthermore, you are entirely responsible <strong>for</strong> any <strong>and</strong> all


activities 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 <strong>for</strong> 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 <strong>for</strong> losses incurred by Microsoft or another <strong>party</strong> 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 <strong>for</strong> any purpose that is unlawfulor prohibited by these terms, conditions, <strong>and</strong> 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 <strong>party</strong>'s use <strong>and</strong> 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 in<strong>for</strong>mation 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, <strong>for</strong>ums,communities, personal web pages, cal<strong>end</strong>ars, photo albums, file cabinets <strong>and</strong>/or other message orcommunication facilities designed to enable you to communicate with others (each a "CommunicationService" <strong>and</strong> collectively "Communication Services"). You agree to use the Communication Services onlyto post, s<strong>end</strong> <strong>and</strong> receive messages <strong>and</strong> material that are proper <strong>and</strong>, when applicable, related to theparticular Communication Service. By way of example, <strong>and</strong> 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 <strong>and</strong>publicity) of others.• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent orunlawful topic, name, material or in<strong>for</strong>mation.• Upload, or otherwise make available, files that contain images, photographs, software or other materialprotected by intellectual property laws, including, by way of example, <strong>and</strong> 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 in<strong>for</strong>mation, 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 <strong>party</strong>.• 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 <strong>for</strong> any business purpose, unless such CommunicationServices specifically allows such messages.• Download any file posted by another <strong>user</strong> of a Communication Service that you know, or reasonably shouldknow, cannot be legally reproduced, displayed, per<strong>for</strong>med, <strong>and</strong>/or distributed in such manner.• Falsify or delete any copyright management in<strong>for</strong>mation, 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 afile that is uploaded.• Restrict or inhibit any other <strong>user</strong> from using <strong>and</strong> enjoying the Communication Services.• Violate any code of conduct or other guidelines which may be applicable <strong>for</strong> any particular CommunicationService.• Harvest or otherwise collect in<strong>for</strong>mation about others, including e-mail addresses.• Violate any applicable laws or regulations.• Create a false identity <strong>for</strong> the purpose of misleading others.• Use, download or otherwise copy, or provide (whether or not <strong>for</strong> a fee) to a person or entity any directory of<strong>user</strong>s of the Services or other <strong>user</strong> or usage in<strong>for</strong>mation 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 <strong>and</strong> 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, <strong>for</strong> any reason whatsoever.Microsoft reserves the right at all times to disclose any in<strong>for</strong>mation as Microsoft deems necessary tosatisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post orto remove any in<strong>for</strong>mation or materials, in whole or in part, in Microsoft's sole discretion.Always use caution when giving out any personally identifiable in<strong>for</strong>mation about yourself or yourchildren in any Communication Services. Microsoft does not control or <strong>end</strong>orse the content, messages orin<strong>for</strong>mation found in any Communication Services <strong>and</strong>, there<strong>for</strong>e, Microsoft specifically disclaims anyliability with regard to the Communication Services <strong>and</strong> any actions resulting from your participation inany Communication Services. Managers <strong>and</strong> hosts are not authorized Microsoft spokespersons, <strong>and</strong> theirviews do not necessarily reflect those of Microsoft.Materials uploaded to the Communication Services may be subject to posted limitations on usage,reproduction <strong>and</strong>/or dissemination; you are responsible <strong>for</strong> 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 <strong>and</strong>suggestions) or post, upload, input or submit to any Services or its associated services <strong>for</strong> review by thegeneral public, or by the members of any public or private community, (each a "Submission" <strong>and</strong>collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting")your Submission you are granting Microsoft, its affiliated companies <strong>and</strong> necessary sub<strong>license</strong>espermission to use your Submission in connection with the operation of their Internet businesses


(including, without limitation, all Microsoft Services), including, without limitation, the <strong>license</strong> rights to:copy, distribute, transmit, publicly display, publicly per<strong>for</strong>m, reproduce, edit, translate <strong>and</strong> re<strong>for</strong>mat yourSubmission; to publish your name in connection with your Submission; <strong>and</strong> the right to sub<strong>license</strong> 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 <strong>and</strong> Microsoft may remove anySubmission at any time in its sole discretion.By Posting a Submission you warrant <strong>and</strong> 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 necessary<strong>for</strong> you to provide, post, upload, input or submit the Submissions.In addition to the warranty <strong>and</strong> representation set <strong>for</strong>th above, by Posting a Submission that containimages, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant<strong>and</strong> 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 <strong>and</strong>/or images contained in suchImages consistent with the manner <strong>and</strong> purpose of your use <strong>and</strong> as otherwise permitted by these Termsof Use <strong>and</strong> the Services, (b) you have the rights necessary to grant the <strong>license</strong>s <strong>and</strong> sub<strong>license</strong>sdescribed in these Terms of Use, <strong>and</strong> (c) that each person depicted in such Images, if any, has providedconsent to the use of the Images as set <strong>for</strong>th in these Terms of Use, including, by way of example, <strong>and</strong>not as a limitation, the distribution, public display <strong>and</strong> reproduction of such Images. By Posting Images,you are granting (a) to all members of your private community (<strong>for</strong> each such Images available tomembers of such private community), <strong>and</strong>/or (b) to the general public (<strong>for</strong> 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,<strong>and</strong> not as a limitation, making prints <strong>and</strong> gift items which include such Images), <strong>and</strong> including, withoutlimitation, a non-exclusive, world-wide, royalty-free <strong>license</strong> to: copy, distribute, transmit, publicly display,publicly per<strong>for</strong>m, reproduce, edit, translate <strong>and</strong> re<strong>for</strong>mat your Images without having your nameattached to such Images, <strong>and</strong> the right to sub<strong>license</strong> such rights to any supplier of the Services. The<strong>license</strong>s granted in the preceding sentences <strong>for</strong> a Images will terminate at the time you completelyremove such Images from the Services, provided that, such termination shall not affect any <strong>license</strong>sgranted 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 FOR 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 THIRD PARTY 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 FOR THE CONTENTS OF


ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TOSUCH SITES. MICROSOFT IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM 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 ENDORSEMENT BYMICROSOFT OF THE SITE.UNSOLICITED IDEA SUBMISSION POLICY.MICROSOFT OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS,INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS ORTECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DONOT SEND 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 SEND YOUR UNSOLICITED IDEAS TO MICROSOFT OR ANYONE ATMICROSOFT. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOUSTILL SEND 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 <strong>for</strong> in<strong>for</strong>mational purposes only <strong>and</strong> 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 <strong>and</strong> video. Awork is “original” if it contains some elements you created <strong>and</strong> 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, <strong>and</strong> can preventothers from, copying your script, sharing it with others (“distributing it”), making a movie or book fromyour script (a “derivative work”), or publicly per<strong>for</strong>ming 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, <strong>and</strong> is copyright infringement. So if you create a new work <strong>and</strong> 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 <strong>and</strong> publicly per<strong>for</strong>m or display) in the content of themovie. The fact that you have obtained physical possession of a DVD does not automatically grant you


the 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 <strong>and</strong> 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 <strong>for</strong> 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 <strong>for</strong> 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 <strong>for</strong> alimited term; it does not last <strong>for</strong>ever. 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 <strong>and</strong> 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 <strong>and</strong> 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 <strong>and</strong> news footage without permission from thecopyright owner. Fair use is a difficult concept because determining whether something is a fair useinvolves weighing four factors. Un<strong>for</strong>tunately, 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 <strong>and</strong> type of exceptions vary by country, but they frequently allow copyrightedmaterials to be used without permission from the copyright holder <strong>for</strong> 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 <strong>and</strong> civilly liable <strong>and</strong> have to pay damages. We suggest you talk to a lawyer


if 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<strong>and</strong> you could face criminal <strong>and</strong> 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 in<strong>for</strong>mation requested here <strong>and</strong> we will see that your copyrighted works are tak<strong>end</strong>own.I want to share my content, but...Many of our websites <strong>and</strong> services allow you to share content you create, such as video, music <strong>and</strong>photographs. Though there is no way <strong>for</strong> 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 <strong>license</strong>s are a simple way <strong>for</strong> you to let people know what uses they can make of yourcreative works <strong>and</strong> under what conditions. Creative Commons <strong>license</strong>s are customizable based on yourpreferences <strong>and</strong> are automatically generated through the use of an online <strong>for</strong>m. The <strong>for</strong>m includesquestions such as whether your work may be used only <strong>for</strong> non-commercial purposes <strong>and</strong> whether thework may be modified. As such, a variety of <strong>license</strong>s are possible. For example, an “attribution only”<strong>license</strong> 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 <strong>license</strong>s tailored to needs identified by creative peoplelike you. To learn more about Creative Commons, or to prepare a Creative Commons <strong>license</strong>, visit theirwebsite (http://creativecommons.org/).What if I don't want my website crawled?Microsoft search services (MSN Search <strong>and</strong> Windows Live Search) follow the Robots Exclusion St<strong>and</strong>ards.This means that you can control which pages Microsoft search engines index <strong>and</strong> how often Microsoftbots access your website. To learn how to do so, or <strong>for</strong> more in<strong>for</strong>mation regarding Microsoft’swebcrawling <strong>and</strong> site indexing practices, please visit http://search.msn.com/docs/siteowner.aspx.TRADEMARKS.Trademark in<strong>for</strong>mation is available athttp://www.<strong>microsoft</strong>.com/library/toolbar/3.0/trademarks/en-us.mspx.Any rights not expressly granted herein are reserved.ZUNE SOFTWAREMICROSOFT SOFTWARE LICENSE TERMS


These <strong>license</strong> terms are an <strong>agreement</strong> between Microsoft Corporation (or based on where you live, one of itsaffiliates) <strong>and</strong> 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, <strong>and</strong>· support services<strong>for</strong> 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 FOR A REFUND OR CREDIT. If you cannotobtain a refund there, contact Microsoft or the Microsoft affiliate serving your country <strong>for</strong> in<strong>for</strong>mation aboutMicrosoft’s refund policies. See www.<strong>microsoft</strong>.com/worldwide. In the United States <strong>and</strong> Canada, call (800)MICROSOFT or see www.<strong>microsoft</strong>.com/info/nareturns.htm.AS DESCRIBED BELOW, USING SOME FEATURES ALSO OPERATES AS YOUR CONSENT TO THETRANSMISSION OF CERTAIN STANDARD COMPUTER INFORMATION FOR INTERNET-BASEDSERVICES.IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW FOR EACH LICENSEYOU ACQUIRE.1. OVERVIEW.a. Software. The software includes desktop application software.b. License Model. The software is <strong>license</strong>d on a per copy per device basis.2. INSTALLATION AND USE RIGHTS.a. Licensed Device. The <strong>license</strong>d device is the device on which you use the software. You mayinstall <strong>and</strong> use one copy of the software on the <strong>license</strong>d device.b. Included Microsoft Programs. The software contains other Microsoft programs. These<strong>license</strong> 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 <strong>and</strong> Distribute. The code <strong>and</strong> text files listed below are “Distributable


Code.”· REDIST.TXT Files. You may copy <strong>and</strong> distribute the object code <strong>for</strong>m of code listed inREDIST.TXT files.· Third Party Distribution. You may permit distributors of your programs to copy <strong>and</strong>distribute 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 <strong>and</strong> external <strong>end</strong> <strong>user</strong>s to agree to terms that protect it at least asmuch as this <strong>agreement</strong>;· display your valid copyright notice on your programs; <strong>and</strong>· indemnify, def<strong>end</strong>, <strong>and</strong> 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 <strong>end</strong>orsed by Microsoft;· distribute Distributable Code to run on a plat<strong>for</strong>m other than the Windows plat<strong>for</strong>m;· 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 <strong>for</strong>m; 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 <strong>for</strong> 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 in<strong>for</strong>mation about these features, seehttp://privacy.<strong>microsoft</strong>.com/en-us/zune.aspx. BY USING THESE FEATURES, YOU CONSENT TOTHE TRANSMISSION OF THIS INFORMATION. Microsoft does not use the in<strong>for</strong>mation to identifyor contact you.Computer In<strong>for</strong>mation. The following features use Internet protocols, which s<strong>end</strong> to theappropriate systems computer in<strong>for</strong>mation, such as your Internet protocol address, the type of


operating system, browser <strong>and</strong> name <strong>and</strong> version of the software you are using, <strong>and</strong> thelanguage code of the device where you installed the software. Microsoft uses this in<strong>for</strong>mation tomake the Internet-based services available to you.· Automatic Update Feature. Each time you use the software it checks with Microsoft <strong>for</strong> a newerversion of the software. If found, the newer version automatically downloads <strong>and</strong> installs on yourpersonal computer. If you have a portable device that is compatible with the software, <strong>and</strong> youconnect it to your personal computer, the software will also check <strong>for</strong> software updates <strong>for</strong> thatdevice. If found, the newer version automatically downloads <strong>and</strong> installs on your portable device.In certain cases, updates will be required <strong>and</strong> 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 <strong>and</strong> <strong>third</strong> <strong>party</strong> software use WMDRM to play <strong>and</strong> 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 <strong>license</strong>s <strong>for</strong> protectedcontent, you agree that Microsoft may include a revocation list with the <strong>license</strong>s. Content ownersmay require you to upgrade WMDRM to access their content. Microsoft software that includesWMDRM will ask <strong>for</strong> 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 <strong>for</strong> which you have avalid <strong>license</strong>.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. The<strong>license</strong> terms <strong>for</strong> 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 <strong>for</strong>th at http://go.<strong>microsoft</strong>.com/fwlink/?LinkID=66406. Notwithst<strong>and</strong>ing anyother <strong>agreement</strong> 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 <strong>for</strong>th athttp://go.<strong>microsoft</strong>.com/fwlink/?LinkID=66406.SCOPE OF LICENSE. The software is <strong>license</strong>d, not sold. This <strong>agreement</strong> 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 <strong>agreement</strong>. 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 <strong>and</strong> only to the extent that applicablelaw expressly permits, despite this limitation;· make more copies of the software than specified in this <strong>agreement</strong> or allowed by applicable law, despitethis limitation;· publish the software <strong>for</strong> others to copy;· use the software <strong>for</strong> 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 copy<strong>and</strong> use the documentation <strong>for</strong> your internal, reference purposes.TRANSFER TO ANOTHER DEVICE. You may uninstall the software <strong>and</strong> install it on another device <strong>for</strong>your use. You may not do so to share this <strong>license</strong> between devices.NOTICE ABOUT THE MPEG-4 VISUAL STANDARD. This software includes MPEG-4 visual decodingtechnology. This technology is a <strong>for</strong>mat <strong>for</strong> data compression of video in<strong>for</strong>mation. MPEG LA, L.L.C. requires thisnotice:USE OF THIS PRODUCT IN ANY MANNER THAT COMPLIES WITH THE MPEG 4 VISUAL STANDARD ISPROHIBITED, EXCEPT FOR USE DIRECTLY RELATED TO (A) DATA OR INFORMATION (i) GENERATED BYAND OBTAINED WITHOUT CHARGE FROM A CONSUMER NOT THEREBY ENGAGED IN A BUSINESSENTERPRISE, AND (ii) FOR PERSONAL USE ONLY; AND (B) OTHER USES SPECIFICALLY ANDSEPARATELY LICENSED BY MPEG LA, L.L.C.If you have questions about the MPEG-4 visual st<strong>and</strong>ard, 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 <strong>and</strong> regulations. Youmust comply with all domestic <strong>and</strong> international export laws <strong>and</strong> regulations that apply to the software. Theselaws include restrictions on destinations, <strong>end</strong> <strong>user</strong>s <strong>and</strong> <strong>end</strong> use. For additional in<strong>for</strong>mation, seewww.<strong>microsoft</strong>.com/exporting.SUPPORT SERVICES. Microsoft provides support services <strong>for</strong> the software as described atwww.support.<strong>microsoft</strong>.com/common/international.aspx.ENTIRE AGREEMENT. This <strong>agreement</strong> (including the warranty below), <strong>and</strong> the terms <strong>for</strong> supplements,updates, Internet-based services <strong>and</strong> support services that you use, are the entire <strong>agreement</strong> <strong>for</strong> the software<strong>and</strong> support services.APPLICABLE LAW.. United States. If you acquired the software in the United States, Washington state law governsthe interpretation of this <strong>agreement</strong> <strong>and</strong> applies to claims <strong>for</strong> 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, <strong>and</strong> in tort.a. Outside the United States. If you acquired the software in any other country, the laws of thatcountry apply.LEGAL EFFECT. This <strong>agreement</strong> 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 <strong>party</strong> from whom you acquired thesoftware. This <strong>agreement</strong> does not change your rights under the laws of your state or country if the laws of your


state 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 FOR 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 <strong>third</strong> <strong>party</strong> Internet sites, or <strong>third</strong><strong>party</strong> programs; <strong>and</strong>· claims <strong>for</strong> 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 <strong>for</strong> the software does not fully compensate you <strong>for</strong> 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 per<strong>for</strong>m 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 FOR ONE YEAR AFTERACQUIRED BY THE FIRST USER. IF YOU RECEIVE SUPPLEMENTS, UPDATES, ORREPLACEMENT SOFTWARE DURING THAT YEAR, THEY WILL BE COVERED FOR THEREMAINDER OF THE WARRANTY OR 30 DAYS, WHICHEVER IS LONGER. If the first <strong>user</strong>transfers 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 FOR 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 FOR THE SOFTWARE. IT WILLALSO REPAIR OR REPLACE SUPPLEMENTS, UPDATES AND REPLACEMENT SOFTWARE AT NOCHARGE. IF MICROSOFT CANNOT REPAIR OR REPLACE THEM, IT WILL REFUND THEAMOUNT YOU PAID FOR 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 FOR BREACH OF THELIMITED WARRANTY.F. CONSUMER RIGHTS NOT AFFECTED. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTSUNDER YOUR LOCAL LAWS, WHICH THIS AGREEMENT CANNOT CHANGE.G. WARRANTY PROCEDURES. You need proof of purchase <strong>for</strong> warranty service.1. United States <strong>and</strong> Canada. For warranty service or in<strong>for</strong>mation about how to obtain a refund<strong>for</strong> software acquired in the United States <strong>and</strong> Canada, contact Microsoft at· (800) MICROSOFT;· Microsoft Customer Service <strong>and</strong> Support, One Microsoft Way, Redmond, WA 98052-6399; or· visit www.<strong>microsoft</strong>.com/info/nareturns.htm.2. Europe, Middle East <strong>and</strong> Africa. If you acquired the software in Europe, the Middle East orAfrica, Microsoft Irel<strong>and</strong> Operations Limited makes this limited warranty. To make a claim underthis warranty, you should contact either· Microsoft Irel<strong>and</strong> Operations Limited, Customer Care Centre, Atrium Building Block B, CarmanhallRoad, S<strong>and</strong>y<strong>for</strong>d Industrial Estate, Dublin 18, Irel<strong>and</strong>; or· the Microsoft affiliate serving your country (see www.<strong>microsoft</strong>.com/worldwide).3. Outside United States, Canada, Europe, Middle East <strong>and</strong> Africa. If you acquired thesoftware outside the United States, Canada, Europe, the Middle East <strong>and</strong> Africa, contact theMicrosoft affiliate serving your country (see www.<strong>microsoft</strong>.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 FOR A PARTICULAR PURPOSE AND


NON-INFRINGEMENT. If your local laws give you any implied warranties, guarantees or conditions,despite this exclusion, your remedies are described in the Remedy <strong>for</strong> Breach of Warranty clause above,to the extent permitted by your local laws.I. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. THELIMITATION ON AND EXCLUSION OF DAMAGES CLAUSE ABOVE APPLIES TO BREACHES OFTHIS 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 LICENSE TERMSThese <strong>license</strong> terms are an <strong>agreement</strong> between Microsoft Corporation (or based on where you live, oneof its affiliates) <strong>and</strong> 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, <strong>and</strong> successors to the software, collectively called “Updates”),· supplements,· Internet-based services, <strong>and</strong>· support services<strong>for</strong> 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 INFORMATION ANDTO THE AUTOMATIC DOWNLOADING AND INSTALLATION OF UPDATES ON YOURCOMPUTER.If you comply with these <strong>license</strong> terms, you have the rights below.1. INSTALLATION AND USE RIGHTS. You may install <strong>and</strong> 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 LICENSE. The software is <strong>license</strong>d, not sold. This <strong>agreement</strong> only gives you some rights


to 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 <strong>agreement</strong>. 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 <strong>and</strong> only to the extent thatapplicable law expressly permits, despite this limitation;· publish the software <strong>for</strong> others to copy;· rent, lease or l<strong>end</strong> the software; or· transfer the software or this <strong>agreement</strong> to any <strong>third</strong> <strong>party</strong>.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 in<strong>for</strong>mation about this feature, including instructions <strong>for</strong> to turning it off, seego.<strong>microsoft</strong>.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 tos<strong>end</strong> to the appropriate systems st<strong>and</strong>ard computer in<strong>for</strong>mation, such as your computer’sInternet protocol address, the type of operating system, browser <strong>and</strong> name <strong>and</strong> version of thesoftware you are using, <strong>and</strong> the language code of the device where you installed the software,<strong>and</strong> (c) automatically download <strong>and</strong> install, or prompt you to download <strong>and</strong>/or install, currentUpdates to the software. In some cases, you will not receive a separate notice be<strong>for</strong>e this featuretakes effect. By installing the software, you consent to the transmission of st<strong>and</strong>ard computerin<strong>for</strong>mation <strong>and</strong> the automatic downloading <strong>and</strong> 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 <strong>and</strong> download <strong>and</strong> install available DRM Updates. For more in<strong>for</strong>mation, seego.<strong>microsoft</strong>.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 <strong>and</strong>/or VC-1decoding technology. MPEG LA, L.L.C.requires this notice:THIS PRODUCT IS LICENSED UNDER THE AVC AND THE VC-1 PATENT PORTFOLIO LICENSES FORTHE 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 LICENSED TOPROVIDE SUCH VIDEO. NONE OF THE LICENSES EXTEND TO ANY OTHER PRODUCT REGARDLESSOF WHETHER SUCH PRODUCT IS INCLUDED WITH THIS SOFTWARE IN A SINGLE ARTICLE. NOLICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATIONMAY 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 the


software provided under this <strong>agreement</strong> <strong>for</strong> normal business uses that are personal to that businesswhich do not include (i) redistribution of the software to <strong>third</strong> parties, or (ii) creation of content withthe VIDEO STANDARDS compliant technologies <strong>for</strong> distribution to <strong>third</strong> parties.5. EXPORT RESTRICTIONS. The software is subject to United States export laws <strong>and</strong> regulations.You must comply with all domestic <strong>and</strong> international export laws <strong>and</strong> regulations that apply to thesoftware. These laws include restrictions on destinations, <strong>end</strong> <strong>user</strong>s <strong>and</strong> <strong>end</strong> use. For additionalin<strong>for</strong>mation, see www.<strong>microsoft</strong>.com/exporting.6. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services <strong>for</strong> it.7. ENTIRE AGREEMENT. This <strong>agreement</strong>, <strong>and</strong> the terms <strong>for</strong> supplements, Updates, Internet-basedservices <strong>and</strong> support services that you use, are the entire <strong>agreement</strong> <strong>for</strong> the software <strong>and</strong> supportservices.8. APPLICABLE LAW.a. United States. If you acquired the software in the United States, Washington state law governsthe interpretation of this <strong>agreement</strong> <strong>and</strong> applies to claims <strong>for</strong> 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, <strong>and</strong> 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 <strong>agreement</strong> describes certain legal rights. You may have other rights under thelaws of your country. You may also have rights with respect to the <strong>party</strong> from whom you acquiredthe software. This <strong>agreement</strong> 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 LICENSED “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 AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDERYOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR 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 <strong>third</strong> <strong>party</strong> Internet sites, or<strong>third</strong> <strong>party</strong> programs; <strong>and</strong>· claims <strong>for</strong> 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 MAPSMICROSOFT SOFTWARE LICENSE TERMS AND SERIVCE AGREEMENTMicrosoft Service Agreement Last Updated: May 2009THANK YOU FOR CHOOSING MICROSOFT!1. What the Contract Covers.This is a contract between you <strong>and</strong> 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 <strong>and</strong> that you use while this contract is in<strong>for</strong>ce. All of the software or services are referred to in this contract as the "service."Please note that we do not provide warranties <strong>for</strong> the service. The contract also limits ourliability. These terms are in sections 20 <strong>and</strong> 21, <strong>and</strong> 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 <strong>and</strong> you waive any applicable "cooling off" period, exceptif the law requires a "cooling off" period despite your waiver <strong>and</strong> 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.<strong>microsoft</strong>.com/fwlink/?LinkId=117951;· keep your service account password secret; <strong>and</strong>· 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 <strong>and</strong>/orv<strong>end</strong>ors, or any customer of ours or our advertisers, affiliates, resellers, distributors <strong>and</strong>/or v<strong>end</strong>ors;· use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited


commercial messages ("spam");· use any unauthorized <strong>third</strong> <strong>party</strong> software or service to access the Microsoft instant messagingnetwork (currently known as the .NET Messenger Service);· use any automated process or service to access <strong>and</strong>/or use the service (such as a BOT, a spider,periodic caching of in<strong>for</strong>mation 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 <strong>and</strong> enjoyment of the service; or· resell or redistribute the service, or any part of the service.You can find a list of authorized <strong>third</strong>-<strong>party</strong> 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 dep<strong>end</strong>ent on your account (an "associated account"). Youare responsible <strong>for</strong> all activity that takes place with your service account or an associated account. Youmay not authorize any <strong>third</strong> <strong>party</strong> to access <strong>and</strong>/or use the service on your behalf except where Microsoftprovides a mechanism <strong>for</strong> <strong>third</strong> parties to access the service on your behalf.6. If You Are an Associated Account User.If you are the <strong>user</strong> of an associated account, then the holder of the service account has full control overyour associated account. This control includes the right to <strong>end</strong> the service, close or alter your associatedaccount at any time, <strong>and</strong>, in some cases, to request <strong>and</strong> receive machine <strong>and</strong> service use in<strong>for</strong>mationrelated 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 us<strong>for</strong> the service, then the charges <strong>and</strong> billing terms are as stated by the other company. Even if you do notpay <strong>for</strong> the service, you may still incur charges incidental to using the service; <strong>for</strong> example, charges <strong>for</strong>Internet 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 <strong>for</strong> the service using your payment method <strong>and</strong> <strong>for</strong>any paid feature of the service <strong>for</strong> which you choose to sign up or use while this contract isin <strong>for</strong>ce. Billing of service charges to your payment method may occur (a) in advance; (b) at the time <strong>for</strong>purchase; (c) shortly after purchase; or (d) on a recurring basis <strong>for</strong> subscription services. We may chargeyou a different amount than what you approved. If it is a greater amount, we will tell you the amount<strong>and</strong> the date of the charge at least 10 days be<strong>for</strong>e we make the charge. Also, we may charge you up tothe amount you have approved, <strong>and</strong> we will notify you in advance of the difference <strong>for</strong> recurringsubscription services. We may bill you <strong>for</strong> more than one of your prior billing periods together. If wein<strong>for</strong>med you that the service will be provided indefinitely or automatically renewed, we may


automatically renew your service <strong>and</strong> charge you <strong>for</strong> any renewal term.7.3 Updates to Your Billing Account.You must keep all in<strong>for</strong>mation in your billing account current, including your billing address <strong>and</strong> theexpiration date of your credit card. You can access your billing account at https://billing.<strong>microsoft</strong>.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 uswill not affect charges we submit to your billing account be<strong>for</strong>e 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 <strong>end</strong> ofthe trial period to avoid incurring charges. If you do not cancel your service, <strong>and</strong> we have in<strong>for</strong>med youthat the service will automatically be converted into a paid subscription at the <strong>end</strong> of the trial period, thenyou authorize us to charge your payment method <strong>for</strong> the service.7.5 Prices <strong>and</strong> Price Increases.The price <strong>for</strong> the service excludes all taxes <strong>and</strong> phone charges, unless stated otherwise. You areresponsible <strong>for</strong> any taxes that you are obligated to pay or that we may collect from you. You areresponsible <strong>for</strong> all other charges (<strong>for</strong> example, phone charges). Currency exchange settlements are basedon your <strong>agreement</strong> with your payment method provider. We may change the price of the service fromtime to time, but we will tell you be<strong>for</strong>e we do.· If there is a specific time length <strong>and</strong> price <strong>for</strong> your service offer, then that price will remain in <strong>for</strong>ce <strong>for</strong>that time. After the offer period <strong>end</strong>s, your use of the service will be charged at the new price.· If your service is on a period basis (<strong>for</strong> 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 <strong>and</strong> stop using the service be<strong>for</strong>e thechanges take place. If you cancel your service, then your service <strong>end</strong>s at the <strong>end</strong> of your current servicetime length or, if we bill your account on a period basis, at the <strong>end</strong> 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, <strong>and</strong> 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.<strong>microsoft</strong>.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 <strong>for</strong> the past 120 days.If we make an error on your bill, we will correct it promptly after you tell us <strong>and</strong> we investigate thecharge. You must tell us within 120 days after an error first appears on your bill. You release us fromall liability <strong>and</strong> 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.<strong>microsoft</strong>.com toobtain in<strong>for</strong>mation on cancelling your service. Certain service offers may require cancellation charges, <strong>and</strong>you 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 mustpay these late charges when we bill you <strong>for</strong> 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 <strong>third</strong> <strong>party</strong> to collectpast due amounts. You must pay <strong>for</strong> all reasonable costs we incur to collect any past due amounts.These costs may include reasonable attorneys' fees <strong>and</strong> other legal fees <strong>and</strong> costs. We may susp<strong>end</strong> 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 <strong>for</strong> paying the fees charged byyour Internet access provider. Those fees are in addition to the fees you pay us <strong>for</strong> the service. The restof this section applies only if your service includes Internet access.If you use a dial-up modem, you are responsible <strong>for</strong> 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 <strong>for</strong> you. We rely on others to provide us with that in<strong>for</strong>mation.Un<strong>for</strong>tunately, sometimes it is wrong. If you incur any extra charges, then you must pay them. Wewill not reimburse you <strong>for</strong> 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 in<strong>for</strong>mation area toview the current rates <strong>for</strong> 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 allin<strong>for</strong>mation we require to properly make the payment (<strong>for</strong> example, bank account in<strong>for</strong>mation <strong>for</strong>receiving the payment). We will use reasonable ef<strong>for</strong>ts to tell you what in<strong>for</strong>mation we require in advanceof your use of the applicable service. Even if we do not tell you in advance, you must provide us thein<strong>for</strong>mation we request be<strong>for</strong>e your right to receive the payment accrues. You are responsible <strong>for</strong> theaccuracy of the in<strong>for</strong>mation you provide <strong>and</strong> 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 receive


a payment that was not due to you, we may reverse or seek return of the payment <strong>and</strong> youagree to cooperate with us in our ef<strong>for</strong>ts to do this.9. Your Content.You may be able to submit content <strong>for</strong> use in connection with the service. You underst<strong>and</strong> that Microsoftdoes not control or <strong>end</strong>orse the content that you <strong>and</strong> others post or provide on the service. Except <strong>for</strong>material that we <strong>license</strong> 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 <strong>and</strong> 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 underst<strong>and</strong> <strong>and</strong> 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 <strong>and</strong> display thecontent solely in connection with the service <strong>and</strong> other Microsoft products <strong>and</strong> services. If you do notwant others to have those rights, please do not share your content with them.You underst<strong>and</strong> that Microsoft may need <strong>and</strong> you hereby authorize Microsoft to use, modify, copy,distribute <strong>and</strong> display content posted on the service to the extent necessary to provide the service. Thisincludes:· storing <strong>and</strong> retrieving the content;· making the content available to you <strong>and</strong> to those members of the public to whom you have grantedaccess or to the general public (<strong>for</strong> content posted on public areas of the service);· con<strong>for</strong>ming to connecting networks' technical requirements; <strong>and</strong>· con<strong>for</strong>ming to the limitations <strong>and</strong> terms of the service.You underst<strong>and</strong> that sharing content that violates others' copyrights <strong>and</strong> other intellectual property rightsviolates this contract. You represent <strong>and</strong> warrant that you have all the rights necessary <strong>for</strong> you to grantthe rights in this section 9 <strong>and</strong> that the use <strong>and</strong> publication of the content does not breach any law. Wewill not pay you <strong>for</strong> your content. We may refuse to publish your content <strong>and</strong> may remove your contentfrom the service at any time.10. Privacy.In order to operate <strong>and</strong> provide the service, we collect certain in<strong>for</strong>mation about you. We use <strong>and</strong> protectthat in<strong>for</strong>mation as described in the Microsoft Online Privacy Statement,http://go.<strong>microsoft</strong>.com/fwlink/?LinkId=74170. In particular, we may access or disclose in<strong>for</strong>mationabout 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 en<strong>for</strong>cement of our <strong>agreement</strong>s 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 <strong>for</strong> the benefit of itself <strong>and</strong> 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 ef<strong>for</strong>ts to protect the service, protect our customers


or 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 in<strong>for</strong>mation about service per<strong>for</strong>mance, yourmachine <strong>and</strong> your service use. We may automatically upload this in<strong>for</strong>mation from your machine. Thisdata will not personally identify you. You may read about this in<strong>for</strong>mation collection in more detail in theprivacy policy at http://go.<strong>microsoft</strong>.com/fwlink/?LinkId=74170.Personal in<strong>for</strong>mation collected through the service may be stored <strong>and</strong> processed in the United States orany other country in which Microsoft or its affiliates, subsidiaries or agents maintain facilities. By usingthe service, you consent to any such transfer of in<strong>for</strong>mation outside of your country. Microsoft abides bythe safe harbor framework as set <strong>for</strong>th by the U.S. Department of Commerce regarding the collection,use <strong>and</strong> 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 the<strong>license</strong> that is presented to you <strong>for</strong> acceptance <strong>for</strong> that software. If there is no <strong>license</strong> presented to you,or unless otherwise stated in this contract, then we grant you the right to use the software only <strong>for</strong> 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 <strong>and</strong> further develop the service.Unless we notify you otherwise, your <strong>license</strong> to use the software will <strong>end</strong> on the date your service <strong>end</strong>s,<strong>and</strong> you must promptly uninstall the software. We may disable the software after the date the service<strong>end</strong>s.You will not disassemble, decompile, or reverse engineer any software included in the service, except <strong>and</strong>only to the extent that the law expressly permits this activity.The software is subject to United States export laws <strong>and</strong> regulations. You must comply with all domestic<strong>and</strong> international export laws <strong>and</strong> regulations that apply to the software. These laws include restrictionson destinations, <strong>end</strong> <strong>user</strong>s <strong>and</strong> <strong>end</strong> use. For additional in<strong>for</strong>mation, seehttp://www.<strong>microsoft</strong>.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 <strong>and</strong> download <strong>and</strong> install available DRM updates. Formore in<strong>for</strong>mation, see http://go.<strong>microsoft</strong>.com/fwlink/?LinkId=123883.12. Font Components.You may use the fonts installed by the service to display <strong>and</strong> print content. You may only· embed fonts in content as permitted by the embedding restrictions in the fonts; <strong>and</strong>· 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 <strong>for</strong> Server) (including any software that is provided as part of the service) <strong>and</strong>any other services offered in conjunction with OneCare service. You may be prompted to acceptadditional contract terms that govern your installation <strong>and</strong> use of other software or services offered as


part of a OneCare service. If any terms of this contract conflict with the terms of any other contract <strong>for</strong>use 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 additionalin<strong>for</strong>mation, see http://get.live.com/getlive/overview.b. License Grant.i. Paid Subscription. If you have purchased a subscription to a OneCare service, then <strong>for</strong> eachsubscription purchased, we grant you a non-exclusive, non-transferable <strong>and</strong> non-assignable right toinstall <strong>and</strong> 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 <strong>user</strong>, then we grant you a non-exclusive, non-transferable <strong>and</strong>non-assignable right to download, install <strong>and</strong> use one copy of the software on one PC <strong>for</strong> WindowsLive OneCare <strong>and</strong> on one Server <strong>for</strong> Windows Live OneCare <strong>for</strong> Server during your Trial Period. Atthe <strong>end</strong> of your Trial Period, your <strong>license</strong> 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" <strong>for</strong> paid subscriptions begins on the date that youactivate the software <strong>and</strong> <strong>end</strong>s 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 <strong>license</strong> terms.ii. Trial Use. The "Trial Period" <strong>for</strong> trial use begins on the date that you install the software <strong>and</strong> <strong>end</strong>son 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 <strong>for</strong> download <strong>and</strong> use during your Subscription Term or Trial Period. Updates may alsorequire additional contract terms that must be accepted be<strong>for</strong>e download <strong>and</strong> 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 <strong>and</strong> telephone-basedtechnical support. During the Trial Period, trial <strong>user</strong>s may receive web-based content <strong>and</strong>email-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 <strong>for</strong> Windows Live OneCare <strong>for</strong> Server is provided under a separate<strong>agreement</strong> or as a paid support incident.


f. Refunds. For in<strong>for</strong>mation about Microsoft refund policies, contact the Microsoft company serving yourcountry or region as set <strong>for</strong>th in section 29. See also http://www.<strong>microsoft</strong>.com/worldwide.g. Online Backup Feature. The Online Backup feature provides the capability to store <strong>and</strong> 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 <strong>third</strong> <strong>party</strong> (including <strong>third</strong>-<strong>party</strong> offeredservices) through the service, you underst<strong>and</strong> that your relationship with respect to those things iswith the <strong>third</strong> <strong>party</strong> directly <strong>and</strong> not with Microsoft. In the event you assert a claim that relates to orimplicates your relationship with a <strong>third</strong> <strong>party</strong>, you shall only assert such claim against the <strong>third</strong> <strong>party</strong>,<strong>and</strong> you will not assert any such claim against Microsoft, even if Microsoft assisted in billing <strong>for</strong> the<strong>third</strong>-<strong>party</strong> offering. You are solely responsible <strong>for</strong> your dealings with any <strong>third</strong> <strong>party</strong>, including· delivery of <strong>and</strong> payment <strong>for</strong> goods <strong>and</strong> services;· processing <strong>and</strong> verifying orders, payments <strong>and</strong> other transactions;· customer support related to orders or transactions (e.g., lost orders, billing disputes, payments,etc.);· determining, collecting <strong>and</strong> remitting to the appropriate authority all taxes (if any) arising from orrelated to such orders or transactions; <strong>and</strong>· the purchase <strong>and</strong> use by you <strong>and</strong> your associated accounts of any <strong>third</strong>-<strong>party</strong> products <strong>and</strong> services.You represent <strong>and</strong> warrant that· the products <strong>and</strong> services you advertise, sell <strong>and</strong> distribute are legal <strong>for</strong> sale <strong>and</strong> distribution <strong>and</strong> donot violate this contract;· you have all <strong>license</strong>s necessary to sell, distribute <strong>and</strong> advertise the goods <strong>and</strong> services you offer;<strong>and</strong>· all sales <strong>and</strong> advertisements will comply with applicable law.b. Your Privacy Practices. In using the service, you may be able to collect personal in<strong>for</strong>mation about<strong>third</strong> parties through your dealings with such <strong>third</strong> parties. If you do, you agree to (a) post a privacypolicy on your web site that, at a minimum, discloses any <strong>and</strong> all uses of personal in<strong>for</strong>mation that youcollect from such <strong>third</strong> parties, (b) provide a hypertext link to your privacy policy on the home page ofyour web site <strong>and</strong> on all pages where you collect personal in<strong>for</strong>mation from <strong>third</strong> parties, including oncheckout pages, <strong>and</strong> (c) use personal in<strong>for</strong>mation 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 <strong>for</strong> ccTLDs <strong>and</strong> gTLDs(the "Domain Service Contracts") are contracts between Melbourne IT or another accreditedregistrar <strong>and</strong> you, <strong>and</strong> not between Microsoft <strong>and</strong> you. The Domain Service Contracts apply to theregistration, renewal <strong>and</strong> transfer of your domain name. Your use of the domain name is alsosubject to the policies of the Internet Corporation <strong>for</strong> Assigned Names <strong>and</strong> Numbers ("ICANN").


These policies include the ICANN Uni<strong>for</strong>m 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 <strong>and</strong> warrant that any domain name you register, renew ortransfer through the service <strong>and</strong> Melbourne IT will not infringe the rights of <strong>third</strong>parties.ii. Public registry. You underst<strong>and</strong> that your contact in<strong>for</strong>mation, such as your name, postal address,phone number <strong>and</strong> e-mail address, will be collected by Melbourne IT <strong>and</strong> 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 <strong>for</strong> 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 <strong>for</strong> renewing <strong>and</strong> paying the applicable renewal fee <strong>for</strong> yourdomain name after you or we cancel your service.Back Up Your Data. Upon termination or cancellation of the service by you or us <strong>for</strong> anyreason, Microsoft may delete your data permanently from our servers. You are responsible <strong>for</strong> takingall necessary steps to back up your data <strong>and</strong> 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 <strong>for</strong> any dealings with <strong>third</strong> parties (including advertisers) who use our authenticationnetwork, including the delivery of <strong>and</strong> payment <strong>for</strong> 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 <strong>and</strong> conditions <strong>for</strong> that site, if different from this contract, may also apply to you inyour use of that site. Please refer to the terms of use <strong>for</strong> each site that you visit. We may cancel orsusp<strong>end</strong> your access to our authentication network <strong>for</strong> inactivity, which we define as failing to sign in toour authentication network <strong>for</strong> an ext<strong>end</strong>ed 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 <strong>and</strong> redeem those Points <strong>for</strong> certain online services <strong>and</strong> digital products. You can see howmany Points you have by checking your Points balance at https://billing.<strong>microsoft</strong>.com. You can obtainselected services or digital products that we elect to offer in exchange <strong>for</strong> Points. You can do this byredeeming your Points as indicated in the particular messaging you see <strong>for</strong> those offers.You can acquire Points in a variety of ways. For example, you can purchase Points, or certain servicesmay give you Points <strong>for</strong> using the service or specific features of the service (also known as "promotionPoints"). You can earn promotion Points only <strong>for</strong> actions you actually complete. You are responsible <strong>for</strong>any tax consequences that may result from your participation in the Points service.When you obtain Points, you have obtained a limited <strong>license</strong> to a digital product. Points have nomonetary value. You may not obtain any cash or money in exchange <strong>for</strong> Points, regardless of how youacquired those Points. Points are not your personal property. Your only recourse <strong>for</strong> using Points is toobtain the specific online services or digital products that we offer <strong>for</strong> Points redemption. We may furtherrestrict your Points redemption offers based on your country of residence. We encourage you to redeem


your Points. The existence of a particular offer available <strong>for</strong> Points redemption is not a commitment by usto maintain or continue to make the offers in the future. The scope, variety <strong>and</strong> type of online services<strong>and</strong> digital products that you may obtain by redeeming Points can change at any time. We have noobligation to continue making offers available <strong>for</strong> Points redemption.Promotion Points may expire at any time, as set <strong>for</strong>th in the messages related to that promotion. We maycancel, susp<strong>end</strong> 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, susp<strong>end</strong> or otherwise limit access to your Pointsbalance, your right to use your Points balance immediately ceases. We will use reasonable ef<strong>for</strong>ts toinvestigate Points balances that are subject to access limitations <strong>and</strong> 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 (<strong>for</strong> example, one day), <strong>and</strong> the number of promotion Pointsyou may obtain in a single event.If we post Points to your balance <strong>for</strong> 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 States<strong>and</strong> satisfy the requirements described in this contract <strong>and</strong> at the Bing cashback website(http://bing.com/cashback). Bing cashback is a service <strong>for</strong> you to accumulate savings <strong>for</strong> makingqualifying purchases from participating stores. These savings may be redeemed later via the paymentinstrument that you select <strong>for</strong> 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 <strong>for</strong> 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 Thous<strong>and</strong> Five Hundred U.S. Dollars ($2,500.00) of cashback savings in acal<strong>end</strong>ar 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 <strong>for</strong> 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, <strong>and</strong> 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 <strong>and</strong> conditions disclosed on the store's site. Inthe event of a conflict between any of this contract <strong>and</strong> those terms <strong>and</strong> conditions disclosed on thestore's site, the ones disclosed on the store's site will apply <strong>and</strong> 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 registration


in<strong>for</strong>mation. You must keep this account in<strong>for</strong>mation up to date, accurate <strong>and</strong> secure. You may notbarter, trade or otherwise exchange your account or maintain more than one account.We will describe the Bing cashback savings available <strong>for</strong> associated qualifying purchases. Participatingstores are responsible <strong>for</strong> reporting qualifying purchases (<strong>and</strong> related returns, refunds <strong>and</strong>/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 "p<strong>end</strong>ing." The purchase will stay in p<strong>end</strong>ing status <strong>for</strong> a period of up to 60 days(although <strong>for</strong> certain stores, the period can ext<strong>end</strong> up to 90 days) to account <strong>for</strong> returns, refunds, fraud<strong>and</strong> other processing issues. After this point, if the purchase is eligible <strong>for</strong> savings, it will be marked as"available" in your account <strong>and</strong> the associated savings will be eligible <strong>for</strong> 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 <strong>and</strong> youmake a proper redemption request. You may request redemptions from your account, subject tothen-current minimum redemption requirements. Redemptions <strong>for</strong> cash payments are subject to section 8above. There may be additional limitations <strong>for</strong> redeeming savings on purchases from certain stores, <strong>and</strong>those limitations will be disclosed on the store site. We may offer additional redemption options. You areresponsible <strong>for</strong> any tax liability from your participation in the service.We may disqualify transactions, reverse previously paid cashback savings, refuse redemptions <strong>and</strong>/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 <strong>for</strong> any of the reasons statedin this contract or any other <strong>agreement</strong> related to your eligibility <strong>for</strong> 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 <strong>for</strong> 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 in<strong>for</strong>mation with stores <strong>and</strong> our business partners in the cashback program in orderto help us address customer support <strong>and</strong> other issues related to your participation in the cashbackprogram. After each purchase you make, the store you purchase from will s<strong>end</strong> us your purchasein<strong>for</strong>mation, which we will use to process your cashback. This in<strong>for</strong>mation, plus the other in<strong>for</strong>mation youprovide when creating an account <strong>and</strong> using cashback is subject to the Microsoft Online PrivacyStatement, available at http://go.<strong>microsoft</strong>.com/fwlink/?LinkId=74170.Advertisers, participating stores <strong>and</strong> service providers <strong>for</strong> the Bing cashback service, while beneficiaries ofthe disclaimers <strong>and</strong> limitations of liability in sections 20 <strong>and</strong> 21 below, have no obligations to you <strong>for</strong> theservice or under this contract.18. MSN Video.The videos <strong>and</strong> the embeddable video player available on MSN Video are <strong>for</strong> your non-commercial,personal use only <strong>and</strong>, 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 acknowledge<strong>and</strong> agree that your use of the MSN Video embeddable video player may give rise to additional<strong>third</strong>-<strong>party</strong> costs, fees <strong>and</strong> royalties, including, without limitation, applicable public per<strong>for</strong>mance royaltiesin your market. The MSN Video embeddable video player is software <strong>for</strong> 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 be<strong>for</strong>e the change takes place. If you donot agree to these changes, then you must cancel <strong>and</strong> stop using the service be<strong>for</strong>e 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" <strong>and</strong> "as available." We do not guarantee theaccuracy or timeliness of in<strong>for</strong>mation available from the service. We <strong>and</strong> our affiliates,resellers, distributors <strong>and</strong> v<strong>end</strong>ors (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 <strong>for</strong> a particular purpose, workmanlike ef<strong>for</strong>t <strong>and</strong>non-infringement.21. LIABILITY LIMITATION.You can recover from the Microsoft parties only direct damages up to an amount equal toyour service fee <strong>for</strong> 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 <strong>third</strong> <strong>party</strong> Internet sites, <strong>third</strong> <strong>party</strong> programs or <strong>third</strong> <strong>party</strong> conduct,· viruses or other disabling features that affect your access to or use of the service,· incompatibility between the service <strong>and</strong> other services, software <strong>and</strong> 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, <strong>and</strong>· claims <strong>for</strong> 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 <strong>for</strong> 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 <strong>and</strong> <strong>for</strong> any reason. We may cancel


or susp<strong>end</strong> your service at any time. Our cancellation or suspension may be without cause <strong>and</strong>/or withoutnotice. Upon service cancellation, your right to use the service stops right away. Once the service iscancelled or susp<strong>end</strong>ed, 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 be<strong>for</strong>e 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 en<strong>for</strong>ce a part of this contract as written. If this happens, then you <strong>and</strong> we will replace thatpart with terms that most closely match the intent of the part that we cannot en<strong>for</strong>ce. The rest of thiscontract will not change. This is the entire contract between you <strong>and</strong> 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 <strong>for</strong>ce (<strong>for</strong> 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 <strong>for</strong> your <strong>and</strong> our benefit. It is not <strong>for</strong> the benefit of any other person, except <strong>for</strong>permitted successors <strong>and</strong> 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 <strong>and</strong> yoursuccessors. It also applies to us <strong>and</strong> our successors <strong>and</strong> assigns.27. Your Notices to Us.You may notify us as stated in the customer support or "help" area <strong>for</strong> the service. We do not accepte-mail notices.28. Notices We S<strong>end</strong> You; Consent Regarding Electronic In<strong>for</strong>mation.This contract is in electronic <strong>for</strong>m. We have promised to s<strong>end</strong> you certain in<strong>for</strong>mation in connection withthe service <strong>and</strong> have the right to s<strong>end</strong> you certain additional in<strong>for</strong>mation. There may be other in<strong>for</strong>mationregarding the service that the law requires us to s<strong>end</strong> you. We may s<strong>end</strong> you this in<strong>for</strong>mation inelectronic <strong>for</strong>m. You have the right to withdraw this consent, but if you do, we may cancel your service.


We may provide required in<strong>for</strong>mation to you:· by e-mail at the e-mail address you specified when you signed up <strong>for</strong> your service;· by access to a Microsoft web site that will be designated in an e-mail notice sent to you atthe time the in<strong>for</strong>mation is available; or· by access to a Microsoft web site that will be generally designated in advance <strong>for</strong> thispurpose.Notices provided to you via e-mail will be deemed given <strong>and</strong> received on the transmissiondate of the e-mail. As long as you can access <strong>and</strong> use the service, you have the necessary software<strong>and</strong> 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 <strong>and</strong> Location <strong>for</strong> Resolving Disputes.This contract is between you <strong>and</strong> the Microsoft company <strong>for</strong> your country or region. In this section, findthe country or region where you live (if you are signing up <strong>for</strong> the service as an individual person) or yourbusiness is located (if you are signing up <strong>for</strong> services <strong>for</strong> your business) in the subsections below, <strong>and</strong> inthat subsection you will find the Microsoft company that is contracting with you <strong>and</strong> the choice of law <strong>and</strong>the location <strong>for</strong> resolving disputes with the Microsoft company.a. North <strong>and</strong> 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, <strong>and</strong> Washington state law governs the interpretation of this contract <strong>and</strong> applies to claims <strong>for</strong>breach of it, regardless of conflict of laws principles. All other claims, including claims regardingconsumer protection laws, unfair competition laws, <strong>and</strong> 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 <strong>and</strong> we irrevocably consent to the exclusive jurisdiction <strong>and</strong> venue ofthe state or federal courts in King County, Washington, USA <strong>for</strong> all disputes arising out of or relating tothis contract.b. Europe, Middle East <strong>and</strong> Africa. If you live or your business is headquartered in Algeria, Austria,Bahrain, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Egypt, Estonia, Finl<strong>and</strong>,France, Germany, Greece, Hungary, Iraq, Irel<strong>and</strong>, Israel, Italy, Jordan, Kuwait, Latvia,Lebanon, Lithuania, Luxembourg, Montenegro, Morocco, Netherl<strong>and</strong>s, Norway, Oman,Pol<strong>and</strong>, Portugal, Qatar, Romania, Russia, Saudi Arabia, Serbia, Slovakia, Slovenia, SouthAfrica, Spain, Switzerl<strong>and</strong>, 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, <strong>and</strong> the laws of Luxembourg govern theinterpretation of this is contract <strong>and</strong> apply to claims <strong>for</strong> breach of it, regardless of conflict of lawsprinciples. All other claims, including claims regarding consumer protection laws, unfair competitionlaws, <strong>and</strong> in tort, will be subject to the laws of the country to which we direct your service. You <strong>and</strong>


we irrevocably agree to the exclusive jurisdiction <strong>and</strong> venue of the Luxembourg courts <strong>for</strong> all disputesarising out of or relating to this contract.c. Japan. If you live or your business is headquartered in Japan, <strong>and</strong> 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 <strong>and</strong> any matters arising out of or relating tothis contract. You <strong>and</strong> we irrevocably agree that exclusive original jurisdiction <strong>and</strong> 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 Zeal<strong>and</strong>, Philippines, Singapore or Thail<strong>and</strong>, then you are contracting withMicrosoft Operations, Pte Ltd, 1 Marina Boulevard, #22-01 One Marina Blvd, Singapore 01898, <strong>and</strong> thelaws of Singapore govern this contract. You <strong>and</strong> we irrevocably agree to the exclusive jurisdiction <strong>and</strong>venue of the Singapore courts <strong>for</strong> all disputes arising out of or relating to this contract. Any disputearising out of or in connection with this <strong>agreement</strong>, including any question regarding its existence,validity or termination shall be referred to <strong>and</strong> 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 <strong>and</strong> incontestable <strong>and</strong> may be used as a basis <strong>for</strong> 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 Alex<strong>and</strong>ra Road, #04-09/12,Block B, Alex<strong>and</strong>ra Technopark, Singapore, 119968, <strong>and</strong> the laws of Washington state law governs thiscontract, regardless of conflict of laws principles. Any dispute arising out of or in connection with this<strong>agreement</strong>, including any question regarding its existence, validity or termination shall be referred to<strong>and</strong> 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 <strong>and</strong>incontestable <strong>and</strong> may be used as a basis <strong>for</strong> 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, <strong>and</strong> 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, <strong>and</strong> thelaws of the Republic of Korean govern this contract. You <strong>and</strong> we irrevocably agree to exclusive originaljurisdiction <strong>and</strong> 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, <strong>and</strong> the lawsof Taiwan govern this contract. You <strong>and</strong> 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 <strong>and</strong> Procedure <strong>for</strong> 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 <strong>and</strong> Procedure <strong>for</strong>Making Claims of Copyright Infringement at http://www.<strong>microsoft</strong>.com/info/cpyrtInfrg.htm.Copyright <strong>and</strong> Trademark NoticesAll contents of the service are Copyright © 2009 Microsoft Corporation <strong>and</strong>/or its suppliers, One MicrosoftWay, Redmond, Washington 98052-6399 U.S.A. All rights reserved. Copyright <strong>and</strong> other intellectualproperty laws <strong>and</strong> treaties protect any software or content provided as part of the service. We or oursuppliers own the title, copyright, <strong>and</strong> other intellectual property rights in the software or content.Microsoft, Windows, Windows Live, Windows logo, MSN, MSN logo (butterfly), OneCare <strong>and</strong>/or otherMicrosoft products <strong>and</strong> services referenced herein may also be either trademarks or registeredtrademarks of Microsoft in the United States <strong>and</strong>/or other countries. The names of actual companies <strong>and</strong>products mentioned herein may be the trademarks of their respective owners. The example companies,organizations, products, domain names, e-mail addresses, logos, people, places <strong>and</strong> events depictedherein are fictitious. No association with any real company, organization, product, domain name, e-mailaddress, logo, person, places or events is int<strong>end</strong>ed 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 Indep<strong>end</strong>ent 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" <strong>and</strong> other potentially unwanted software ("potentiallyunwanted software"), it may cause other software on your computer to stop working, <strong>and</strong> it may causeyou to breach a <strong>license</strong> 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 int<strong>end</strong>ed 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 be<strong>for</strong>e removing or disabling potentially unwantedsoftware, you are solely responsible <strong>for</strong> selecting which potentially unwanted software the serviceremoves or disables. Be<strong>for</strong>e authorizing the removal of any potentially unwanted software, you shouldread the <strong>license</strong> <strong>agreement</strong>s <strong>for</strong> the potentially unwanted software.Stock Quotes <strong>and</strong> 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 at


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 by delaysin transmission over the Internet, <strong>and</strong> by other causes. All stock quotes are labeled with "time of lasttrade" to indicate the timeliness of the data.All in<strong>for</strong>mation provided by ComStock <strong>and</strong> its affiliates (the "ComStock In<strong>for</strong>mation") included in theservice is owned by or <strong>license</strong>d to ComStock <strong>and</strong> its affiliates <strong>and</strong> any <strong>user</strong> is permitted to store,manipulate, analyze, re<strong>for</strong>mat, print <strong>and</strong> display the ComStock In<strong>for</strong>mation only <strong>for</strong> such <strong>user</strong>'s personaluse. In no event shall any <strong>user</strong> publish, retransmit, redistribute or otherwise reproduce any ComStockIn<strong>for</strong>mation in any <strong>for</strong>mat to anyone, <strong>and</strong> no <strong>user</strong> shall use any ComStock In<strong>for</strong>mation 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 In<strong>for</strong>mation, you are advised to consult with your broker or other financialrepresentative to verify pricing in<strong>for</strong>mation. Neither ComStock nor its affiliates make any express orimplied warranties (including, without limitation, any warranty or merchantability or fitness <strong>for</strong> aparticular purpose or use) regarding the ComStock In<strong>for</strong>mation. The ComStock In<strong>for</strong>mation is provided tothe <strong>user</strong>s "as is." Neither ComStock nor its affiliates will be liable to any <strong>user</strong> or anyone else <strong>for</strong> anyinterruption, inaccuracy, error or omission, regardless of cause, in the ComStock In<strong>for</strong>mation or <strong>for</strong> anydamages (whether direct or indirect, consequential, punitive or exemplary) resulting therefrom.Third Party Account In<strong>for</strong>mationBy using the "My Accounts" service through the service, you authorize Microsoft <strong>and</strong> its agents to access<strong>third</strong> <strong>party</strong> sites designated by you or on your behalf, to retrieve in<strong>for</strong>mation requested by you, <strong>and</strong> youappoint Microsoft <strong>and</strong> its agents as your agent <strong>for</strong> this limited purpose. Each time you enter your accountlogin in<strong>for</strong>mation, you are permitting Microsoft <strong>and</strong> its agents to process your request <strong>and</strong> usein<strong>for</strong>mation submitted by you to accomplish the <strong>for</strong>egoing. You will choose a password when registering.MSN Bill Pay Service Terms of Use <strong>and</strong> Privacy StatementThe MSN Bill Pay service is provided by a <strong>third</strong> <strong>party</strong> service provider. Clickhttps://cw411.checkfreeweb.com/pcw411/wps?rq=vtc&sp=1299 <strong>and</strong>https://cw411.checkfreeweb.com/pcw411/wps?&sp=1299&rq=gf&file=privacy_policy.htmlt to view the<strong>third</strong> <strong>party</strong> service provider's terms <strong>and</strong> conditions <strong>for</strong> use of the MSN Bill Pay service <strong>and</strong> the privacypolicy applicable to how the <strong>third</strong> <strong>party</strong> service provider h<strong>and</strong>les your data <strong>for</strong> 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, in<strong>for</strong>mation is available athttp://www.staysafe.org or other similar sites providing in<strong>for</strong>mation 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, <strong>and</strong> 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 <strong>end</strong>orse orrecomm<strong>end</strong> any particular financial products or services. Nothing contained in the service is int<strong>end</strong>ed 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) <strong>license</strong>s this supplement to you.You may use a copy of this supplement with each validly <strong>license</strong>d copy of Microsoft Windows softwareidentified <strong>for</strong> use with it (the "software"). You may not use it if you do not have a <strong>license</strong> <strong>for</strong> thesoftware. The <strong>license</strong> terms <strong>for</strong> the software apply to your use of this supplement. This supplement iscovered by the Microsoft Online Privacy Statement, http://go.<strong>microsoft</strong>.com/fwlink/?LinkId=74170Notice About VC-1 Visual St<strong>and</strong>ardsThe software may include VC-1 visual decoding technology. MPEG LA, L.L.C. requires this notice:THIS PRODUCT IS LICENSED UNDER THE VC-1 PATENT PORTFOLIO LICENSES FOR 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 LICENSED TO PROVIDE VC-1 VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FORANY OTHER USE.If you have questions about the VC-1 visual st<strong>and</strong>ard, 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 <strong>and</strong> creators. Content such as music, photos <strong>and</strong> 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 <strong>for</strong> 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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