If anyone cares, here's what you're agreeing to.
Terms of Use and Notices (“Agreement”)
AGREEMENT BETWEEN YOU AND MICROSOFT CORPORATION OR ONE OF ITS AFFILIATES
DESCRIPTION OF WINDOWS FEEDBACK PROGRAM.
The Windows Feedback Program (“WFP”) is a voluntary participant-based project which will gather information about computer use in the home. The information collected is intended to allow Microsoft to identify how its future products may better serve you, our customer. You can find out more about what information will be collected and why, by going to the Windows Feedback Program website (WFP Program Site).
The WFP is comprised of various Web sites, servers, applications, and other services operated by Microsoft or its affiliates (collectively, the "Program Services").
ACCEPTING THE TERMS OF THIS AGREEMENT.
This Agreement constitutes a legal agreement between you (“Program Participant”) and Microsoft. The Program Services are offered to you conditioned on your acceptance without modification of this Agreement. Your use of the Program Services constitutes your agreement to all such terms, conditions, and notices.
Portions of the Program Services may be governed by guidelines, rules, notices and other terms and conditions (“Additional Terms”) posted at the WFP Program Site. All such Additional Terms are hereby incorporated by reference into this Agreement. In the event of a conflict between the Additional Terms and this Agreement, this Agreement shall control. However, the Windows Feedback Program Privacy Statement, discussed in the Privacy and Personal Information section below supersedes any conflicting language in this Agreement and in the Additional Terms published on the WFP Program Site. The Program Services are offered to you conditioned on your acceptance without modification of the Additional Terms contained herein and as posted at the WFP Program Site. Your use of the Program Services constitutes your agreement to the Additional Terms.
MODIFICATION OF THIS AGREEMENT.
Microsoft may wish to update or change the terms, conditions and notices for the Program Services from time-to-time, to reflect changes in the Program Services, changes in the law affecting the Program Services or for other good reasons. You understand and agree that Microsoft reserves the right to make these changes. Microsoft will post minor changes to the WFP Program Site. In the event of a material change to this agreement, we will notify you by email about the change. Once notified, you have the option of discontinuing the program. You agree that your continuation of the program after notification of a material change demonstrates acceptance by you of the new terms.
PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Program Services are for your personal and non-commercial use. Except to download/print for your personal 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 that are a part of and provided under the Program Services except as expressly provided in this Agreement.
PRIVACY AND PERSONAL INFORMATION.
Microsoft agrees that it will only collect and use your personal information in accordance with the terms of the Windows Feedback Program Privacy Statement.
SOFTWARE AND CONTENT AVAILABLE THROUGH PROGRAM SERVICES AND THE WFP PROGRAM SITE.
All content and software that is made available to view and/or download from the WFP Program Site that is part of the Program Services ("Software") is owned by and is the copyrighted work of Microsoft and/or its suppliers. Your use of the Software is governed by the terms of the license agreement, if any, that accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
For any Software not accompanied by a License Agreement, Microsoft hereby grants to you, the user/Program Participant, a personal, non-transferable license to use the Software for the purpose of participating in and making use of the Program Services in accordance with this Agreement, and for no other purpose provided that you keep intact all copyright and other proprietary notices.
All Software is owned by Microsoft and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software 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 COMPUTER, SERVER OR OTHER 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 WFP PROGRAM SITE 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 THROUGH THE WFP PROGRAM SITE OR IN MICROSOFT SOFTWARE PRODUCTS.
You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the United States of America. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to United States of America export restrictions.
RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from any WFP Program Site for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. 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.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THE WFP PROGRAM SITE.
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the WFP Program Site 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) use of such Documents from the WFP Program Site 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 WFP Program Site or any other Microsoft owned, operated, licensed or controlled site. Elements of Microsoft Web sites 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 Web site 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 WFP PROGRAM SITE OR OTHER WEBSITES 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 WFP PROGRAM SITE OR OTHER WEBSITES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE WFP PROGRAM SITE OR OTHER WEB SITES 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.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND PROGRAM SERVICES AVAILABLE ON THIS WEB SITE.
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 PROGRAM SERVICES, OR INFORMATION AVAILABLE FROM THE PROGRAM SERVICES.
MICROSOFT IS NOT RESPONSIBLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF YOUR PARTICIPATION IN THE WFP EXCEPT TO THE EXTENT CAUSED BY THE INTENTIONAL OR GROSSLY NEGLIGENT CONDUCT OF MICROSOFT OR ITS PROGRAM SUPPLIERS.
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your participation in and use of the Program Services and the WFP Program Site, you will not use the Program Services, the WFP Program Site or Software for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Program Services, the WFP Program Site or Software 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 provided by the foregoing. You may not attempt to gain unauthorized access to any Program Services, the WFP Program Site, or Software, other accounts, computer systems or networks connected to any Microsoft server or to any of the services provided by the foregoing, 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 Program Services, the WFP Program Site, or Software.
USE OF PROGRAM SERVICES.
The Program 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 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 Program 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.
* 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.
MICROSOFT’S RIGHT TO USE FEEDBACK OR SUGGESTIONS YOU MAY SUBMIT OR TO COLLECT OTHER DATA FROM YOU OR YOUR COMPUTER.
As a WFP Program Participant you may be asked to respond periodically to surveys or other types of questionnaires, or to otherwise provide input, comments or feedback. Also, Microsoft will collect other data from you and your computer. For a description of other data please see the Windows Feedback Program Frequently Asked Questions (WFP FAQ). Microsoft wants your voluntary feedback and suggestions and other data so it may identify how its future products may better serve customers like you. When you submit responses to surveys or other questionnaires (“feedback and suggestions”), or when other data is collected, please understand that Microsoft needs to have full rights to use your feedback and suggestions and other data as it sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. In particular, you understand and agree that by submitting feedback and suggestions to Microsoft concerning any aspect of the Program Services, and by participating in the WFP and allowing collection of Other Data, you represent that you own or otherwise control the rights necessary to make such submissions and permit the collection of such Other Data and you are granting Microsoft and its affiliated companies permission to:
* Use, disclose, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, license, sublicense, create derivative works from, transfer, sell, distribute and otherwise exploit all such feedback and suggestions and Other Data; and
* Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to feedback and suggestions and other Data.
These grants include the right to exploit any proprietary rights in such feedback and suggestions and Other Data, including rights under copyright, trademark, service mark, patent and other intellectual and proprietary laws in any relevant jurisdiction. No compensation will be paid with respect to Microsoft’s use of the materials contained within such feedback and suggestions or Other Data. Microsoft is under no obligation to post or use in connection with future software, product and service offerings any materials you may provide or Other Data collected and, if used, may remove and discontinue use of such materials or Other Data at any time in Microsoft’s sole discretion.
For terms and conditions governing the use of WFP and Program Services related information and for more information on how the WFP and Program Services work, please refer to the Windows Feedback Program Privacy Statement and the WFP FAQ.
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 the Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE. See Notices and Procedure for Making Claims of Copyright Infringement.
LINKS TO THIRD PARTY SITES.
TO THE EXTENT THERE ARE LINKS PROVIDED HERE THAT LET YOU LEAVE MICROSOFT’S SITES, ANY SUCH LINKS ARE NOT UNDER THE CONTROL OF MICROSOFT AND MICROSOFT IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY SUCH 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 RECEVIED FROM ANY SUCH LINKED SITE. MICROSOFT IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY SUCH 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.
TERMINATION AND RESTRICTION OF ACCESS.
Microsoft reserves the right, in its sole discretion, to terminate your participation in the WFP and the Program Services or any portion thereof at any time, without notice.
Microsoft may also terminate or suspend your participation in the WFP and Program Services for inactivity, which is defined as those instances when the WFP Software installed on your computer fails to send information back to Microsoft. If this failure to send information back to Microsoft is unintentional (e.g. you buy a new computer and do not install the WFP Software on the new machine) you will not necessarily be precluded from choosing to participate in the WFP or the Program Services again at a later time). It is important for you to know that no feedback or suggestions you may submit or data collected from you or your computer will be returned to you if you leave the Program. For further details see the WFP FAQ.
GENERAL
Specified Governing Law and Exclusive Jurisdiction.
This Agreement is governed by the laws of the State of Washington, U.S.A. You hereby irrevocably 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 the WFP or the Program Services, your participation in and all other aspects of the WFP and Program Services, your use of the WFP Program Site and/or Microsoft’s use of same.
You agree that no joint venture, partnership, employment, consulting, vendor or agency relationship exists between you and Microsoft as a result of this Agreement or your participation in the WFP or the Program Services.
Microsoft may assign its rights, benefits and obligations under the WFP and the Program Services and this Agreement, in whole or in part, at any time. Microsoft's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Microsoft's right to comply with governmental, court, and law enforcement requests or requirements relating to your participation in the WFP and the Program Services or information provided to or gathered by Microsoft with respect to such participation. If any part of this Agreement 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 this Agreement shall continue in effect. This Agreement, including the documents expressly incorporated by reference above, constitute the entire Agreement, and such Agreements supersede all prior and contemporaneous communications and proposals, whether electronic, oral, or written, between you and Microsoft with respect to all aspects of the WFP and the Program Services, including but not limited to your participation in the WFP, the Program Services and your use of the WFP Program Site. A printed version of this Agreement and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records that are admissible in judicial or administrative proceedings.
LIMITATION OF LIABILITY.
YOU AGREE TO INDEMNIFY AND HOLD MICROSOFT, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM, DEMAND, OR DAMAGE, INCLUDING REASONABLE ATTORNEYS' FEES, ASSERTED BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR PARTICIPATION IN THE WFP, YOUR ACCESSING OR USE OF EITHER THE PROGRAM SERVICES OR THE WFP PROGRAM SITE.
INFORMATION REGARDING PRIVACY.
For more information regarding your privacy, see the Windows Feedback Program Privacy Statement.
INFORMATION REGARDING THE WFP, PROGRAM SERVICES AND CUSTOMER SUPPORT.
Microsoft provides information about what to expect from the WFP and the Program Services on the Web pages that are part of the WFP Program Site. If you have any questions about the WFP or the Program Services or any problems that you would like to report, please contact us at
[email protected] or visit the WFP Program Site.
TRADEMARKS.
Windows, Windows Vista, Windows Flag Logo, Microsoft, Office, Microsoft Agent Logo, Microsoft .NET Connected Logo, .NET Logo, and/or other Microsoft products referenced herein are either registered trademarks or trademarks of Microsoft Corporation in the U.S. and/or other countries. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places, and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, places, or events is intended or should be inferred. Microsoft may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in this document. Except as expressly provided in any written license agreement from Microsoft, the furnishing of this document does not give you any license to these patents, trademarks, copyrights, or other intellectual property.
COPYRIGHT NOTICE.
Copyright© 2007 by the Microsoft Corporation
One Microsoft Way, Redmond, Washington 98052-6399 U.S.A
All rights reserved.
They can't even GIVE those away!
