The services that Microsoft provides to you on or in connection with the Windows Marketplace Web
Site ("Windows Marketplace") 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 Windows Marketplace, Microsoft provides you with access to a variety of resources, including
download areas, communication forums and merchandise information (collectively "Services"). Windows
Marketplace and 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
Unless otherwise specified, Windows Marketplace and the Services are for your personal and
non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, or create derivative works from Windows Marketplace, the Services or any portion
thereof.
Third Party Sites
In connection with your use of the Services, you may access or navigate to certain third party web
sites, including, without limitation, web sites allowing for the purchase or download of software or
other merchandise (collectively, "Third Party Sites"). You should carefully review the terms and
conditions and privacy policy of each such Third Party Site. ALL THIRD PARTY SITES ARE THE PROPERTY
OF THEIR RESPECTIVE OWNERS, AND ARE NOT UNDER THE CONTROL OF MICROSOFT, AND MICROSOFT MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING SUCH THIRD PARTY SITES OR ANY SOFTWARE OR OTHER
MERCHANDISE PROVIDED BY OR THROUGH SUCH THIRD PARTY SITES.
Software and other merchandise available through Services
Any software that is made available to download through the Services ("Software"), whether on the
Windows Marketplace Web site or a Third Party Site, is the proprietary work of its respective
supplier. Use of such software is governed by the terms of the end user license agreement, if any,
which accompanies or is included with it. ("License Agreement").
SOFTWARE AND ANY OTHER MERCHANDISE ACQUIRED THROUGH OR IN CONNECTION WITH THE SERVICES, IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT OR THE APPLICABLE SELLER OR
MANUFACTURERS TERMS AND CONDITIONS. MICROSOFT CORPORATION HEREBY DISCLAIMS ALL WARRANTIES AND
CONDITIONS WITH REGARD TO SOFTWARE AND OTHER MERCHANDISE ACQUIRED THROUGH OR IN CONNECTION WITH THE SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR
STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Privacy and protection of personal information
See the Privacy Statement disclosures relating to the collection and use of your information.
Notice specific to merchandise information available on this Web site.
Merchandise information available on this Web site, including technical specifications, images,
descriptions and pricing and availability information, may be furnished by third parties.
MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE TIMELINESS, ACCURACY, OR SUITABILITY OF THE MERCHANDISE INFORMATION AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION 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 MERCHANDISE AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
Notice regarding software, information and services available on Windows Marketplace
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 WINDOWS MARKETPLACE OR ANY SOFTWARE, INFORMATION, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM WINDOWS MARKETPLACE OR THE SERVICES.
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 message or communication facilities designed to enable you to post merchandise
ratings and reviews and otherwise 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. 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 e-mail, spamming, or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of
privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, 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 allow 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.
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 at 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, at 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.
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 RELATED TO THE
FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE. See Notice and Procedure for Making Claims of
Copyright Infringement.
LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL MICROSOFT BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF WINDOWS MARKETPLACE OR THE SERVICES, EVEN IF MICROSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE WINDOWS MARKETPLACE OR SERVICES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY MICROSOFT PARTY WITH RESPECT TO THIS AGREEMENT OR THE WINDOWS MARKETPLACE OR SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WINDOWS MARKETPLACE OR THE SERVICES, AS APPLICABLE.
CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
If this Agreement is with Microsoft Corporation, claims for enforcement, breach or violation of
duties or rights under this Agreement will be adjudicated under the laws of the State of Washington,
without reference to conflict of laws principles. If this Agreement is with a Microsoft affiliate,
claims for enforcement, breach or violation of duties or rights under this Agreement will be
adjudicated under the laws of the place of incorporation for such Microsoft affiliate, without
reference to conflict of laws principles. All other claims, including, without limitation, claims
under or for violation of consumer protection laws, unfair competition laws, and in tort, will be
adjudicated under the laws of your state of residence in the United States. If this Agreement is
with Microsoft Corporation, you hereby irrevocably consent to the exclusive jurisdiction and venue
of state or federal courts in King County, Washington, USA in all disputes arising out of or
relating to the use of Windows Marketplace or the Services. If this Agreement is with a Microsoft
affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the
place of incorporation for such Microsoft affiliate in all disputes arising out of or relating to
the use of Windows Marketplace or the Services.
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 MERCHANDISE OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS, OR NEW MERCHANDISE 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 MERCHANDISE 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.
