Joulemeter: VM, Server, Client, and Software Energy Usage

JOULEMETER TERMS OF USE

(Last updated May 2010)

Acceptance of terms

The services that Microsoft provides to you on or in connection with Joulemeter (the “Services”) 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 "Joulemeter Terms of Use" hypertext link located on the Joulemeter Web pages. Joulemeter 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, Joulemeter 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 of Joulemeter.

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 available through Joulemeter

Any software that is made available to download from the Joulemeter website ("Software"), whether on the Joulemeter Web site or a Third Party Site, is the proprietary work of Microsoft and/or its suppliers and is licensed, not sold. 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 IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. MICROSOFT CORPORATION HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO SOFTWARE, 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

Joulemeter collects and sends to Microsoft information about your computer, such as type of CPU, hard disk size and type, and memory size and type. See review our website at http://research.microsoft.com/en-us/projects/joulemeter/privacy.aspx regarding the collection and use of your information.

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 personal information 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.

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 the Services or any 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, 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 or vendor related to Joulemeter.

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 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 RELATED 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 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.

DISCLAIMER OF LIABILITY AND WARRANTY.

JOULEMETER, INCLUDING (BUT NOT LIMITED TO) ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, PHOTOS, VOICES, PICTURES AND OTHER THINGS INCLUDED IN OR AVAILABLE THEREIN, IS PROVIDED “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”, AND MAY INCLUDE DEFICIENCIES, INACCURACIES AND TYPOGRAPHICAL ERRORS. MICROSOFT AND ITS RESPECTIVE SUPPLIERS MAY IMPROVE, DELETE, CHANGE, IMPAIR, DISRUPT OR EVEN DISCONTINUE JOULEMETER AND/OR THE SERVICES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. ADVICE RECEIVED VIA JOULEMETER AND/OR THE SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

MICROSOFT CORPORATION, ITS AFFILIATES AND ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES (EXPRESS, STATUTORY OR IMPLIED) WITH RESPECT TO JOULEMETER AND ANY INFORMATION AND MATERIALS CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION, WITH REGARD TO (A) TITLE AND NON-INFRINGEMENT, (B) ENCUMBRANCES OR LIENS, AND (C) THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF JOULEMETER AND ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED THEREIN FOR MERCHANTABILITY, QUIET ENJOYMENT OR FITNESS FOR ANY PARTICULAR PURPOSE.

IN NO EVENT (TO THE MAXIMUM EXTENT PERMISSIBLE UNDER THE LAW) SHALL MICROSOFT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF JOULEMETER AND/OR THE SERVICES, WITH THE DELAY OR INABILITY TO USE JOULEMETER OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH JOULEMETER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MICROSOFT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF JOULEMETER, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING JOULEMETER.

CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES

This TOU is governed by the laws of the State of Washington, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to your use of Joulemeter, without regard to conflicts of law. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Microsoft as a result of this TOU or participation in or use of Joulemeter. Microsoft's performance of this TOU is subject to existing laws and legal process, and nothing contained in this TOU is in derogation of Microsoft's right to comply with governmental, court and law enforcement requests or requirements relating to your participation in or use of Joulemeter or information provided to or gathered by Microsoft with respect to such participation or use. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the TOU shall continue in effect

Contact

Contact Joulemeter, via email at jminfo@microsoft.com