(last updated: January 2013)
ACCEPTANCE OF TERMS.
The services that Microsoft Open Technologies, Inc. ("MS Open
("TOU"). MS Open Tech reserves the right to update the TOU at any
time without notice to you. The most current version of the TOU can
located at the bottom of our Web pages.
DESCRIPTION OF SERVICES.
Throughout this Web site, MS Open Tech provides you with access to
a variety of resources, including upload and download areas,
communication forums and information (collectively "Services"). The
Services, including any updates, enhancements, new features, and/or
the addition of any new Web properties, are subject to the TOU.
NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Services are for your educational
and non-commercial use. Unless otherwise specified, you may not
modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell
any information or services obtained from the Services.
PRIVACY AND PROTECTION OF PERSONAL
Privacy Statement disclosures relating to the collection and
use of your information.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB
Any software that is made available to download from the Services
("Software") is the copyrighted work of MS Open Tech and/or its
suppliers. 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"). The Software is made available for
download solely for use according to the License Agreement. Any
use, reproduction or redistribution of the Software not in
accordance with the License Agreement is prohibited.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS
OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE
AGREEMENT, MS OPEN TECH 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
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB
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) 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 prohibited .
Documents specified above do not include the design or layout of
the Web site. No logo, graphic, sound or image from the Web site
may be copied or retransmitted.
MS OPEN TECH AND ITS 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. MS OPEN TECH AND ITS 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
MS OPEN TECH OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT
OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER
ARISING OUT OF OR IN CONNECTION WITH THIS WEB SITE.
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 server
or network used to provide the Services 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. 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 e-mail services, bulletin board services,
chat areas, news groups, forums, communities, personal web pages,
calendars, photo albums, file cabinets 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
- Use the Communication Services in connection with surveys,
contests, pyramid schemes, chain letters, junk email, spamming or
any duplicative or unsolicited messages (commercial or
- Defame, abuse, harass, stalk, threaten or otherwise violate the
legal rights (such as rights of privacy and publicity) of
- 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
- 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
- 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
- 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.
MS Open Tech has no obligation to monitor the Communication
Services. However, MS Open Tech reserves the right to review
materials posted to the Communication Services and to remove any
materials in its sole discretion. MS Open Tech reserves the right
to terminate your access to any or all of the Communication
Services at any time, without notice, for any reason whatsoever.MS
Open Tech reserves the right at all times to disclose any
information as it 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 its sole discretion. Always use caution when giving
out any personally identifiable information about yourself or your
children in any Communication Services. MS Open Tech does not
control or endorse the content, messages or information found in
any Communication Services and, therefore, 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 MS Open Tech
spokespersons, and their views do not necessarily reflect those of
MS Open Tech. Materials uploaded to the Communication Services may
be subject to posted limitations on usage, reproduction and
dissemination; you are responsible for adhering to such limitations
if you download the materials.
MATERIALS PROVIDED TO MS OPEN TECH OR POSTED AT ANY MS
OPEN TECH WEB SITE.
MS Open Tech does not claim ownership of the materials you provide
to it (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 MS Open Tech, its
affiliated companies and necessary sublicensees permission to use
your Submission in connection with the operation of their Internet
businesses, 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. MS Open Tech is under no obligation
to post or use any Submission you may provide and MS Open Tech 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
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
(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 (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
(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
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.
and Procedure for Making Claims of Copyright Infringement .
LINKS TO THIRD PARTY SITES.
CERTAIN LINKS WILL LET YOU LEAVE MS OPEN TECH'S SITE. THE LINKED
SITES ARE NOT UNDER THE CONTROL OF MS OPEN TECH, AND MS OPEN TECH
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. MS OPEN TECH IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER
FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. MS OPEN TECH IS
PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE
INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY MS OPEN TECH OF
UNSOLICITED IDEA SUBMISSION POLICY.
MS OPEN TECH DOES 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
PRODUCTS OR MARKETING STRATEGIES OF MS OPEN TECH OR ITS AFFILIATES
MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO MS OPEN TECH. SO, PLEASE
DO NOT SEND YOUR UNSOLICITED IDEAS TO MS OPEN TECH OR ANYONE AT MS
OPEN TECH. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS
AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT MS OPEN
TECH MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE
TREATED AS CONFIDENTIAL OR PROPRIETARY.
© 2012 Microsoft Open Technologies, Inc. All rights reserved.