|
The services that Microsoft and Digital River provides to you are subject to the following Terms of Use ("TOU").
Microsoft - Information on Terms of Use
On This Page
ACCEPTANCE OF TERMS.
DESCRIPTION OF SERVICES.
PERSONAL AND NON-COMMERCIAL USE LIMITATION.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND
SERVICES AVAILABLE ON THIS WEB SITE.
MEMBER ACCOUNT, PASSWORD, AND SECURITY.
NO UNLAWFUL OR PROHIBITED USE.
USE OF SERVICES
MATERIALS PROVIDED TO MICROSOFT OR POSTED AT ANY MICROSOFT WEB
SITE.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF
COPYRIGHT INFRINGEMENT.
LINKS TO THIRD PARTY SITES.
UNSOLICITED IDEA SUBMISSION POLICY.
COPYRIGHT NOTICE.
TRADEMARKS.
ACCEPTANCE OF TERMS.
The services that Microsoft provides to you are subject to the following
Terms of Use ("TOU"). Microsoft reserves the right to update the TOU
at any time without notice to you. The most current version of the TOU can be
reviewed by clicking on the "Terms of Use" hypertext link located at
the bottom of our Web pages.
DESCRIPTION OF SERVICES.
Through its network of Web properties, Microsoft provides you with access to
a variety of resources, including developer tools, download areas,
communication forums and product information (collectively
"Services"). The Services, including any updates, enhancements, new
features, and/or the addition of any new Web properties, are subject to the
TOU.
PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Services are for your personal and
non-commercial use. You may not modify, copy,
distribute, transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer, or sell any information, software, products or
services obtained from the Services.
PRIVACY AND PROTECTION OF PERSONAL
INFORMATION.
See the Privacy Statement disclosures relating to the collection and use of
your information.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE.
Any software that is made available to download from the Services ("Software")
is the copyrighted work of Microsoft and/or its suppliers. Use of the Software
is governed by the terms of the end user license agreement, if any, which
accompanies or is included with the Software ("License Agreement").
An end user will be unable to install any Software that is accompanied by or
includes a License Agreement, unless he or she first agrees to the License
Agreement terms.
The Software is made available for download solely for use by end users according
to the License Agreement. Any reproduction or redistribution of the Software
not in accordance with the License Agreement is expressly prohibited by law,
and may result in severe civil and criminal penalties. Violators will be
prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO
ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE
LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, MICROSOFT
CORPORATION HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE
SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER
EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, MICROSOFT MAY MAKE AVAILABLE AS PART OF THE SERVICES
OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD.
MICROSOFT DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE
RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES.
PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS
AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN MICROSOFT SOFTWARE PRODUCTS.
RESTRICTED RIGHTS LEGEND. Any Software which is
downloaded from the Services for or on behalf of the United States of America, its
agencies and/or instrumentalities ("U.S. Government"), is provided
with Restricted Rights. Use, duplication, or disclosure by the U.S. Government
is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the
Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or
subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted
Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Microsoft
Corporation, One Microsoft Way,
Redmond, WA 98052-6399.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE.
Permission to use Documents (such as white papers, press releases,
datasheets and FAQs) from the Services is granted,
provided that (1) the below copyright notice appears in all copies and that
both the copyright notice and this permission notice appear, (2) use of such
Documents from the Services is for informational and non-commercial or personal
use only and will not be copied or posted on any network computer or broadcast
in any media, and (3) no modifications of any Documents are made. Accredited
educational institutions, such as K-12, universities, private/public colleges,
and state community colleges, may download and reproduce the Documents for
distribution in the classroom. Distribution outside the classroom requires
express written permission. Use for any other purpose is expressly prohibited
by law, and may result in severe civil and criminal penalties. Violators will
be prosecuted to the maximum extent possible.
Documents specified above do not include the design or layout of the
Microsoft.com Web site or any other Microsoft owned, operated, licensed or
controlled site. Elements of Microsoft Web sites are protected by trade dress,
trademark, unfair competition, and other laws and may not be copied or imitated
in whole or in part. No logo, graphic, sound or image from any Microsoft Web
site may be copied or retransmitted unless expressly permitted by Microsoft.
MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS
PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND
RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL
MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT
OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE,
DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS
ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED
TO THE INFORMATION HEREIN. MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED
HEREIN AT ANY TIME.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND
SERVICES AVAILABLE ON THIS WEB SITE.
IN NO EVENT SHALL MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR
ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE
USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
MEMBER ACCOUNT, PASSWORD, AND SECURITY.
If any of the Services requires you to open an account, you must complete
the registration process by providing us with current, complete and accurate
information as prompted by the applicable registration form. You also will
choose a password and a user name. You are entirely responsible for maintaining
the confidentiality of your password and account. Furthermore, you are entirely
responsible for any and all activities that occur under your account. You agree
to notify Microsoft immediately of any unauthorized use of your account or any
other breach of security. Microsoft will not be liable for any loss that you
may incur as a result of someone else using your password or account, either
with or without your knowledge. However, you could be held liable for losses
incurred by Microsoft or another party due to someone else using your account
or password. You may not use anyone else's account at any time, without the
permission of the account holder.
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Services, you will not use the Services
for any purpose that is unlawful or prohibited by these terms, conditions, and
notices. You may not use the Services in any manner that could damage, disable,
overburden, or impair any Microsoft server, or the network(s) connected to any
Microsoft server, or interfere with any other party's use and enjoyment of any
Services. You may not attempt to gain unauthorized access to any Services,
other accounts, computer systems or networks connected to any Microsoft server
or to any of the Services, through hacking, password mining or any other means.
You may not obtain or attempt to obtain any materials or information through
any means not intentionally made available through the Services.
USE OF SERVICES
The Services may contain e-mail services, bulletin board services, chat
areas, news groups, forums, communities, personal web pages, calendars, photo
albums, file cabinets and/or other message or communication facilities designed
to enable you to communicate with others (each a "Communication Service"
and collectively "Communication Services"). You agree to use the
Communication Services only to post, send and receive messages and material
that are proper and, when applicable, related to the particular Communication
Service. By way of example, and not as a limitation, you agree that when using
the Communication Services, you will not:
• Use
the Communication Services in connection with surveys, contests, pyramid
schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages
(commercial or otherwise).
• Defame, abuse, harass,
stalk, threaten or otherwise violate the legal rights (such as rights of
privacy and publicity) of others.
• Publish, post, upload,
distribute or disseminate any inappropriate, profane, defamatory, obscene,
indecent or unlawful topic, name, material or information.
• Upload,
or otherwise make available, files that contain images, photographs, software
or other material protected by intellectual property laws, including, by way of
example, and not as limitation, copyright or trademark laws (or by rights of
privacy or publicity) unless you own or control the rights thereto or have
received all necessary consent to do the same.
• Use
any material or information, including images or photographs, which are made
available through the Services in any manner that infringes any copyright,
trademark, patent, trade secret, or other proprietary right of any party.
• Upload
files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software
or programs that may damage the operation of another's computer or property of
another.
• Advertise
or offer to sell or buy any goods or services for any business purpose, unless
such Communication Services specifically allows such messages.
• Download
any file posted by another user of a Communication Service that you know, or
reasonably should know, cannot be legally reproduced, displayed, performed,
and/or distributed in such manner.
• Falsify
or delete any copyright management information, such as author attributions,
legal or other proper notices or proprietary designations or labels of the
origin or source of software or other material contained in a file that is
uploaded.
• Restrict
or inhibit any other user from using and enjoying the Communication Services.
• Violate
any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
• Harvest
or otherwise collect information about others, including e-mail addresses.
• Violate
any applicable laws or regulations.
• Create
a false identity for the purpose of misleading others.
• Use,
download or otherwise copy, or provide (whether or not for a fee) to a person
or entity any directory of users of the Services or other user or usage information
or any portion thereof.
Microsoft has no obligation to monitor the Communication Services. However,
Microsoft reserves the right to review materials posted to the Communication Services
and to remove any materials in its sole discretion. Microsoft reserves the
right to terminate your access to any or all of the Communication Services at
any time, without notice, for any reason whatsoever.
Microsoft reserves the right at all times to disclose any information as
Microsoft deems necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in Microsoft's sole discretion.
Always use caution when giving out any personally identifiable information
about yourself or your children in any Communication Services. Microsoft does
not control or endorse the content, messages or information found in any
Communication Services and, therefore, Microsoft specifically disclaims any
liability with regard to the Communication Services and any actions resulting
from your participation in any Communication Services. Managers and hosts are
not authorized Microsoft spokespersons, and their views do not necessarily
reflect those of Microsoft.
Materials uploaded to the Communication Services may be subject to posted
limitations on usage, reproduction and/or dissemination; you are responsible
for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO MICROSOFT OR POSTED AT ANY MICROSOFT
WEB SITE.
Microsoft does not claim ownership of the materials you provide to Microsoft
(including feedback and suggestions) or post, upload, input or submit to any
Services or its associated services for review by the general public, or by the
members of any public or private community, (each a "Submission" and
collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting ("Posting") your Submission you
are granting Microsoft, its affiliated companies and necessary sublicensees permission to use your Submission in
connection with the operation of their Internet businesses (including, without
limitation, all Microsoft Services), including, without limitation, the license
rights to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Submission; to publish your name
in connection with your Submission; and the right to sublicense such rights to
any supplier of the Services.
No compensation will be paid with respect to the use of your Submission, as
provided herein. Microsoft is under no obligation to post or use any Submission
you may provide and Microsoft may remove any Submission at any time in its sole
discretion.
By Posting a Submission you warrant and represent that you own or otherwise
control all of the rights to your Submission as described in these Terms of Use
including, without limitation, all the rights necessary for you to provide,
post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a
Submission that contain images, photographs, pictures or that are otherwise
graphical in whole or in part ("Images"), you warrant and represent
that (a) you are the copyright owner of such Images, or that the copyright
owner of such Images has granted you permission to use such Images or any
content and/or images contained in such Images consistent with the manner and
purpose of your use and as otherwise permitted by these Terms of Use and the
Services, (b) you have the rights necessary to grant the licenses and
sublicenses described in these Terms of Use, and (c) that each person depicted
in such Images, if any, has provided consent to the use of the Images as set
forth in these Terms of Use, including, by way of example, and not as a
limitation, the distribution, public display and reproduction of such Images.
By Posting Images, you are granting (a) to all members of your private
community (for each such Images available to members of such private community),
and/or (b) to the general public (for each such Images available anywhere on
the Services, other than a private community), permission to use your Images in
connection with the use, as permitted by these Terms of Use, of any of the
Services, (including, by way of example, and not as a limitation, making prints
and gift items which include such Images), and including, without limitation, a
non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat
your Images without having your name attached to such Images, and the right to
sublicense such rights to any supplier of the Services. The licenses granted in
the preceding sentences for a Images will terminate at the time you completely
remove such Images from the Services, provided that, such termination shall not
affect any licenses granted in connection with such Images prior to the time
you completely remove such Images. No compensation will be paid with respect to
the use of your Images.
NOTICES AND PROCEDURE FOR MAKING CLAIMS
OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement should be sent to Service
Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO
THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.
See Notice and Procedure for
Making Claims of Copyright Infringement.
LINKS TO THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE MICROSOFT'S SITE. THE LINKED SITES
ARE NOT UNDER THE CONTROL OF MICROSOFT AND MICROSOFT IS NOT RESPONSIBLE FOR THE
CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY
CHANGES OR UPDATES TO SUCH SITES. MICROSOFT IS NOT RESPONSIBLE FOR WEBCASTING
OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. MICROSOFT IS
PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY
LINK DOES NOT IMPLY ENDORSEMENT BY MICROSOFT OF THE SITE.
UNSOLICITED IDEA SUBMISSION POLICY.
MICROSOFT OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED
IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW
PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT
NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR
OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL
MISUNDERSTANDINGS OR DISPUTES WHEN MICROSOFT'S PRODUCTS OR MARKETING STRATEGIES
MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO MICROSOFT. SO, PLEASE DO NOT SEND YOUR
UNSOLICITED IDEAS TO MICROSOFT OR ANYONE AT MICROSOFT. IF, DESPITE OUR REQUEST
THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE
UNDERSTAND THAT MICROSOFT MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS
WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
COPYRIGHT NOTICE.
© 2006 Microsoft Corporation
TRADEMARKS.
Trademark information is available at http://www.microsoft.com/library/toolbar/3.0/trademark/en-us.mspx.
Any rights not expressly granted herein are reserved.
Send your questions to the appropriate contact as listed below:
• Microsoft
Web properties, contact homepage@microsoft.com
• MSN
Web properties, contact webmaster@msn.com
• Hotmail,
contact support@hotmail.com; for
spam/privacy issues, contact abuse@hotmail.com
or hotmailprivacy@hotmail.com
• Piracy
questions can be routed to piracy@microsoft.com
or by calling 1-800-R-U-LEGIT.
|