Terms of Use

Section 1Description of Services

Throughout this website, Microsoft provides you with access to a variety of resources which may include web-based services, software, download areas, updates, enhancements, documentation, and product information (the “Service”).

Section 2Acceptance of Terms

This Terms of Use (“TOU”) is a contract between you and Microsoft Corporation (“Microsoft”). This contract applies to any software, documentation, media, support, sites, services, and updates obtained through this Service. You can view the most current version of this contract by clicking the Legal hypertext link at the bottom of the webpage. Microsoft may update this TOU by posting new terms and conditions. If you do not agree to the changes, you must stop using the Service; if you do not, your use of the Service continues under the changed TOU. Your use of certain elements of the Service may be subject to additional guidelines, posted notices or codes of conduct. These are incorporated by reference into this TOU.

Please note that Microsoft does not provide warranties for the Service. This contract also limits our liability. These terms are in sections 12 and 13. Please read them carefully.

Section 3Reserve Right to Modify

Microsoft may change the Service or delete features of the Service at any time and for any reason. Microsoft may cancel or suspend your use of the Service at any time without notice and for any reason. Upon Service cancellation, your right to use the Service stops right away.

Section 4Privacy

In order to operate and provide the Services, we collect certain information about you. We use and protect that information as described in the Privacy Statement for the Service. You may access the Privacy Statement by clicking on the “Privacy Statement” hypertext link located at the bottom of this web page.

Section 5Service Account

If you choose to use any part of the Service to test connectivity to your live production systems, you may be required to provide the credentials associated with an existing account in such systems. Microsoft strongly recommends that you create a test account in these situations and remove or disable it promptly after the testing is completed. You are solely responsible for: (a) keeping your password and account confidential; and (b) any and all activities that occur under your account. You must promptly notify Microsoft of any unauthorized use of your account or any other breach of security. Microsoft will not be liable for any loss that you incur if someone else uses your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Microsoft or another party if someone else uses your account or password. You may not use anyone else’s account at any time without their permission.

Section 6Use Restrictions

When using the Service you must comply with these terms and all applicable laws. You must also obey any policies, codes of conduct, and notices Microsoft provides. You may not use the Service to harm others or the Service. For example, you may not:

If Microsoft believes that you are making unauthorized or improper use of the Service, Microsoft may take such action as it deems appropriate without notice to you. These actions may include blocking messages from a particular Internet domain, mail server, or IP address.

Section 7PRE-RELEASE SERVICE. If any of the Services is marked as a pre-release version (e.g. Beta), it may not work the way a final version of the Service will. We may change it for the final, commercial version. We also may not release a commercial version.

Section 8Reservation of Rights

Service and Website. Microsoft retains all rights, title, and interest in and to the Service and website. This includes all copyrights, patents, trade secrets, trademarks, and other intellectual property rights. Microsoft reserves all rights not expressly granted.

Software. If you use or receive software from us as part of the Service (“Service Software”), its use is governed by one of two terms (the 'License Terms'): If you're presented with a license for the Service Software, the terms of that license apply; if no license is presented to you, the terms of this TOU apply. Unless applicable law gives you more rights, Microsoft reserves all other rights to the Service Software not expressly granted by Microsoft under the License Terms, whether by implication, estoppel or otherwise.

Section 9Feedback

If you give Microsoft feedback, you give Microsoft an irrevocable, perpetual, sublicensable right to use, share, and commercialize your feedback in any way and for any purpose at no charge. You also give to third parties any patent rights in your feedback needed for their products, technologies, and services to use or interface with any specific parts of a Microsoft software or service at no charge. You will not give feedback that is subject to a license or other obligation that requires Microsoft to grant or pass through any rights or make any disclosures or payments to third parties. These rights survive this contract.

Section 10Term

This contract starts on the date you accept it. It continues until it is terminated. You may terminate this contract without cause at any time by cancelling the Service. Microsoft may cancel this contract at any time without cause as described in section 3. A party may also terminate this contract for cause on 30 days written notice to the other party of a material breach if such breach remains uncured at the end of such period. The following sections will survive any termination or expiration of the Service: Privacy, Service Account, Use Restrictions, Reservation of Rights, Feedback, Materials Posted, No Warranty, Limitation of Liability, Unsolicited Ideas.

Section 11Materials Posted

All materials, including software, help topics, white papers, datasheets, FAQs (collectively the “Materials”) that are made available from the Service are the copyrighted work of Microsoft or its suppliers. Your use of these Materials are governed by one of two sets of license terms; if you are presented with a license for the Materials, the terms of that license apply; if no license is presented to you, these terms apply. Microsoft reserves all other rights to the Materials not expressly granted under these license terms. In your use of the Materials you may not:

Microsoft may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the Materials. By providing the Materials to you, Microsoft does not give you any license to these patents, trademarks, copyrights, or other intellectual property, unless Microsoft does so expressly in writing.

Some Materials available from this Service may be licensed to you by third parties. Microsoft does not grant you any additional rights (express or implied) for such third party Materials.

Section 12No Warranty

Section 13Limitation of Liability

You can recover from Microsoft for all successful claims only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, special, indirect, incidental, or punitive damages and lost profits.

This limitation applies to anything related to this contract, for example:

It also applies even if this remedy does not fully compensate you for any losses, fails of its essential purpose or Microsoft knew or should have known about the possibility of the damages.

This contract does not affect the statutory rights of any consumer. It also does not exclude or restrict liability for death or personal injury arising from Microsoft’s negligence, fraud, or its gross negligence or willful intent. Some or all of these limitations or exclusions may not apply to you if your state, province, or country does not allow the exclusion or limitation of incidental, consequential or other damages.

Section 14Unsolicited Ideas

Microsoft and its employees do not accept or consider unsolicited ideas. This includes ideas for new advertisement campaigns, promotions, products, technologies, processes, materials, marketing plans and product names. Please do not send any artwork, samples, demos, or other works to Microsoft or anyone at Microsoft. The purpose of this policy is to avoid misunderstandings or disputes when Microsoft’s products or marketing strategies seem similar to ideas submitted to Microsoft. If you send them anyway, please understand that Microsoft will not treat your ideas or materials as confidential or proprietary.

Section 15Contract Interpretation

All parts of this contract apply to the maximum extent permitted by law. A court may hold that Microsoft cannot enforce a part of this contract as written. If this happens, then you and Microsoft will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This is the entire contract between you and Microsoft regarding your use of the Service. It supersedes any prior contract or oral or written statements regarding your use of the Service. The section titles in the contract do not limit the other terms of this contract.

Section 16Assignment

Microsoft may assign, transfer, sell, rent, lend or otherwise dispose our rights and obligations under this contract. Microsoft may do this in whole or part, at any time without notice to you. You may not temporarily or permanently assign any part of this contract or any rights to use the Service to any other party. Any attempt to do so is void.

Section 17Applicable Law, Jurisdiction and Venue

This TOU shall be governed by and construed in accordance with the laws of the State of Washington. You and Microsoft irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, USA, for all disputes arising out of or relating to this TOU.