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licenses: add MS-TOU as EULA license
2022-04-22 22:57:45 +02:00
Microsoft Terms of Use
Last Updated: February 7, 2022
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 and modify
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" hyperlink
located at the bottom of our webpages. When we make updates to the TOU,
Microsoft will update the date at the top of this page. By using the
website after a new version of the TOU has been posted, you agree to the
terms of such new version.
##########################################################################
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
these 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
Review the Privacy Statement disclosures relating to the collection and
use of your personal data.
##########################################################################
Content
All content included in or made available through the Services, such as
text, graphics, logos, icons, images, sounds, music, digital downloads,
data compilation, software, and documents, is the exclusive property of
Microsoft or its content suppliers and is protected by the various
applicable trade dress, copyright, trademark, patent, and other
intellectual property and unfair competition laws in the United States
and internationally (collectively, "Content"). All rights not expressly
granted to you in this TOU are reserved and retained by Microsoft or its
licensors, suppliers, publishers, rightsholders, or other content
providers.
##########################################################################
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 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. Third party
scripts or code, linked to or referenced from this website, are licensed
to you by the third parties that own such code, not by Microsoft.
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 ("US Government"), is provided with Restricted
Rights. Use, duplication, or disclosure by the US 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.
##########################################################################
Documents
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) unless
explicitly covered by another license or agreement, 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 website or any other Microsoft owned, operated, licensed,
or controlled site. Elements of Microsoft websites 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 website 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.
##########################################################################
Limitation of Liability
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 username. 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. You may not
attempt to copy or change, alter, or otherwise attempt to modify the
Services or these TOU.
##########################################################################
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 Website
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.
Visit Infringement Notices to locate the 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.
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