Microsoft Research TERMS OF USE

Section 1                    Description of Services

Throughout this website, Microsoft provides you with access to a variety of resources  (including research/pre-release Services) which may include download areas, merchandise, software, updates, enhancements, documentation, media elements, support, communication forums, and product information (the “Service”).

Section 2                    Acceptance of Terms

By using the Service you agree to the following terms. You may use the Service only if you agree to these terms. If you do not agree, do not use the Service. Microsoft may update these terms with or without notice to you by posting new terms. You can view the most current version of the terms by clicking the Terms of Use hypertext link located at the bottom of the webpage. Your use of certain elements of the Service may be subject to additional guidelines, posted notices, privacy policies or codes of conduct. These are incorporated by reference into these terms.

Section 3                    Personal and Non-Commercial Use of the Service

This Service is a research/pre-release version. 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. The Services are provided to you for testing, evaluation and providing feedback to Microsoft. The Service may not be used in production or for any commercial purposes. Examples of commercial purposes include running business operations, licensing, leasing, or selling the Services, or any other activity which purpose is to procure a commercial gain to you or others.

Section 4                    Documents that Microsoft Licenses to You 

Documents. You may have access to information on the Service such as white papers, datasheets, help topics, and FAQs (collectively the "Documents"). You may use the Documents only for informational purposes. Educational institutions that are officially accredited under local law may download and copy the documents for distribution only in the classroom. The Documents that are made available from the Service are the copyrighted work of Microsoft or its suppliers. Microsoft reserves all other rights to the Documents not expressly granted under these license terms.

Limitations. You may not copy, distribute, modify or make derivative works of the Documents. You may not copy or retransmit any logo, graphic, sound or image from the Service, unless Microsoft expressly permits it. Microsoft and its suppliers do not warrant or guarantee that the documents are accurate and suitable for your purposes. You may not remove, modify, or tamper with any copyright notices. Microsoft may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the Documents. By providing the Documents 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.

Section 5                    Reserve the 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, you’re right to use the Service stops immediately.

 

 

 

 

Section 6                    PRIVACY AND PROTECTION OF PERSONAL INFORMATION.

For a details on how Microsoft may collect, use, access, and share personal information associated with your use of the Services, see the MSR Privacy Statement (http://www.microsoft.com/privacystatement/EN-US/Research/default.aspx).  If the Service (such as an app) points to a different privacy statement unique to that Service, see the privacy statement provided for that Service.

Section 7                    Service Account

If any part of the Service requires you to open an account, you must provide current, complete, and accurate information in the registration form. You will also need to choose a password and a user name. 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. You may not use anyone else’s account at any time without their permission.

Section 8                    Use Restrictions

When using the Service you must comply with these terms, all applicable laws, and the Microsoft Anti-Spam Policy (http://privacy.microsoft.com/en-us/anti-spam.mspx). You must also obey any policies, codes of conduct, and notices Microsoft provides, including the Microsoft Research Services code of conduct (http://research.microsoft.com/en-us/um/legal/codeofconduct.htm).  

The Service is only for your personal use. You may not use the Service, any content available on the Service, or your account for any commercial purpose. You may be unable to use the Service outside the country associated with your account.

You may not use the Service to harm others or the Service. For example, you may not:

·                     Damage, disable, overburden, or impair the Service (or any network connected to the Service);

·                     Resell or redistribute any part of the Service;

·                     Use or attempt to use any unauthorized means to modify, reroute, or gain access to the Service;

·                     Remove, modify, or tamper with any notice or link that is incorporated into the Service; or

·                     Remove, modify, or tamper with any notice or link that is incorporated into the Service

 

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. Microsoft may at all times: (a) disclose any information as Microsoft deems necessary to satisfy any applicable law, regulation, legal process, or governmental request; or (b) edit, refuse to post or to remove any information or materials, in whole or in part.

Section 9                    Reservation of Rights

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

Section 10                 Feedback

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 these terms.

Section 11                 Software

Any software that is made available to download from the Services ("Software") is the copyrighted work of Microsoft and/or its suppliers. Use of such Software is governed by the terms of the end user license agreement, if any, that accompanies or is included with the Software ("License Agreement"). Third party scripts or code, linked to or referenced from this Service, is licensed to you by the third parties that own such code, not by Microsoft.

If you use or receive Software from Microsoft as part of the Service, its use governed by one of two sets of license terms; if you are presented with a license for the Software, the terms of that license apply; if no license is presented to you, these terms apply. Microsoft reserves all other rights to the Software not expressly granted under these license terms whether by implication, estoppel or otherwise.

Section 12                 Submissions Provided to Microsoft

Microsoft does not claim ownership of the content you provide on the Service.   Your content remains your content.  Microsoft does not control, verify, or endorse the content that you and others make available on the Service.

You control who may access your content.  If you share content in public areas of the Service or in shared areas available to others you have chosen, then anyone you have shared content with may use that content. When you give others access to your content on the Service, you grant them free, nonexclusive permission to use, reproduce, distribute, display, transmit, and communicate to the public the content. You grant these rights solely in connection with the Service and other products and Services made available by Microsoft. If the submission is a photograph or other digital image, you also expressly waive any and all rights of privacy and publicity with respect to the image. If you do not want others to have those rights, do not use the Service to share your content.

By sharing content on the Service, Microsoft and its affiliates, resellers, distributors, Service providers, partners, and suppliers may use, modify, adapt, reproduce, distribute, publish, and display it. This includes your name or other information you supply with the content. These rights apply solely to the extent necessary to provide the Service.

You must respect the rights of artists, authors, inventors, and creators. Content may be protected by copyright. People appearing in content may have a right to control the use of their image. If you share content on the Service in a way that infringes others' copyrights, other intellectual property or proprietary rights, or publicity or privacy rights, you are breaching these terms (and violating other rights and possibly the law).  By sharing content on the Service, you represent and warrant that you have all the rights necessary for you to grant the rights in this section and that the use of the content does not violate any law.  Microsoft will not pay you for your content.  Microsoft may refuse to publish your content for any or no reason. Microsoft may remove your content from the Service at any time and for any reason, including if: (a) you breach these terms; (b) the content exceeds limits on storage or file size; or (c) Microsoft cancels or suspends the Service.

You are responsible for backing up the data and content that you store on the Service. Microsoft may permanently delete your data from its servers if the Service is suspended or canceled. Microsoft does not have any duty to return data to you after the Service is suspended or canceled. If data is stored with an expiration date, Microsoft may delete the data as of that date. Data that is deleted may be irretrievable.

Section 13                 No Warranty

The Service is provided “AS IS”AND UNSUPPORTED. MICROSOFT MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES WITH RESPECT TO THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY GUARANTY, REPRESENTATION OR WARRANTY ON THEIR CONDITION, CONFORMITY TO ANY DESCRIPTION OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS IN THE SERVICE OR ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MICROSOFT SHALL NOT BE LIABLE FOR ANY ERROR, OMISSION, DEFECT, DEFICIENCY, OR NONCONFORMITY IN THE SERVICE.

Section 14                 Copyright and Trademarks

All content of the Service, except user-generated content, are Copyright © 2013 Microsoft. All rights reserved. Copyright and other intellectual property laws and treaties protect any Software and Materials provided as part of the Service. Microsoft or its suppliers own the title, copyright and other intellectual property rights in the Software and Materials.

Information on Microsoft trademarks is available at http://www.microsoft.com/About/Legal/EN/US/IntellectualProperty/Trademarks/Default.aspx.These terms do not grant or imply any rights to any Microsoft or supplier trademark, trade name or logo. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Section 15                 Copyright Claim Notice and Procedure

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service provider's designated agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. For details and contact information see Notice and Procedure for Making Claims of Copyright Infringement at http://www.microsoft.com/info/cpyrtInfrg.htm.

Section 16                 Limitation 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 these terms, for example:

·                     The Service;

·                     Loss of data;

·                     Your content, third party content (including code), third party programs, or third party conduct;

·                     Viruses or other disabling features that affect your access to or use of the Service;

·                     Incompatibility between the Service and other Services, software, or hardware;

·                     Delays or failures you may have in initiating, conducting, or completing any transmissions; transactions in connection with the Service in an accurate or timely manner; or

·                     Claims for breach of contract; breach of warranty, guarantee, or condition; misrepresentation strict liability; negligence; or other tort.

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.

These terms do not affect the statutory rights of any consumer. They also do 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 17                 Assignment

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 18                 Links to Third Party Sites

The Service may contain links to third party websites which will let you leave Microsoft’s site. These websites are not under Microsoft’s control. Microsoft makes no effort to review the content of these websites. This includes the validity, legality, copyright compliance, and decency of such content. Microsoft is not responsible for the content of these websites. This includes: (a) webcasting or any other form of transmission received from any linked site; (b) any links contained in a linked site; and (c) any changes or updates to such sites. If Microsoft has included these links in the Service, they are provided to you as a convenience only. Microsoft does not endorse or make any representation, guarantee or assurance regarding any third party website, Service or product. Any third party product or Service that you acquire, and any exchange of data between you and such third party provider, is solely between you and the third party. Third party websites may be subject to the third party’s terms, conditions, and privacy statements. Microsoft may disable links to any third-party website that you or others post on this Service.

Section 19                 Unsolicited 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 20                 Governing Law and Venue

This Agreement is governed by and construed in accordance with the laws of the state of Washington, without reference to its choice of law principles to the contrary.  Each party hereby consents to the jurisdiction and venue of the state and federal courts located in King County, Washington, with regard to any suit or claim arising under or by reason of this Terms of Use.

 

Last updated July 2013