Microsoft Services Agreement Code of conduct About Bing data suppliers
Updated 27 August, 2012Effective 19 October, 2012
Thank you for choosing Microsoft!
This is an agreement between you and Microsoft Corporation (or, based on where you live, one of its affiliates) that describes your rights to use the software and services identified in section 1.1. For your convenience, we have phrased some of the terms of this agreement in a question and answer format. You should review the entire agreement because all of the terms are important and together create a legal agreement, once accepted by you, that applies to you. Additionally, there are documents and policies that we link to in this agreement and we encourage you to read those as well.
1.1. What services are covered by this agreement? This agreement applies to Microsoft Hotmail, Microsoft SkyDrive, Microsoft account, Windows Live Messenger, Windows Photo Gallery, Windows Movie Maker, Microsoft Mail Desktop, Windows Live Writer (the foregoing are collectively referred to as the "Microsoft branded services"), Bing, MSN, Office.com, and any other software, website or service that links to this agreement (collectively the "services").
1.2. What terms must I abide by when using the services? Our goal is to create a safer and more secure environment and therefore we require that, when using the services, users abide by these terms, the Microsoft Anti-Spam Policy (http://go.microsoft.com/fwlink/?LinkId=117951) and the Microsoft Code of Conduct (http://go.microsoft.com/fwlink/?LinkId=266426), which are incorporated into this agreement by this reference (the "agreement"). You must not use the services in a way that infringes rights of third parties, including, but not limited to, wilfully harming a person or entity.
1.3. How do I accept this agreement? By providing the opportunity to subscribe for and/or order the services, Microsoft makes an offer to you. You must agree to these terms and conditions via opt-in before you can use the services and they constitute a valid agreement between you and Microsoft. By using or accessing the services, or by agreeing to these terms where the option is made available to you in the user interface, you confirm you agree to abide by this agreement, without modification by you. If you don't agree, you can't use the services.
1.4. Can Microsoft change these terms after I have accepted them? Yes. We'll inform you if we intend to change this agreement. We may change the terms of this agreement if: (i) it is necessary due to applicable law, including, but not limited to, a change of such law; (ii) it is necessary due to an advice and/or order based on applicable law; (iii) the equivalence ratio between service and consideration is disordered; (iv) it is necessary from a technical point of view; (v) it is necessary to ensure the operation of the services; or (vi) the terms will be changed to the advantage of the user. We'll inform you of the intended change before it takes effect, either through the user interface, in an email message, or through other reasonable means. We'll provide you the opportunity to cancel the services at least 30 days before the change becomes effective. If you don't cancel the services within the notice period you thereby agree to the change of this agreement. We'll also expressly point to this fact when informing you about the intended change of this agreement.
1.5. What types of changes can I expect to the services? We continuously work to improve the services, in order to improve or update its functionalities, introduce new features or adapt the services and may change the services or delete features at any time. For paid services, we'll notify you in advance of material changes to the services. You may cancel the services at any time. We may release the services or features of the services in beta version, which may not work correctly or in the same way the final version may work.
2.1. What is a Microsoft account? To access portions of the services, such as the Microsoft branded services, you will need a Microsoft account. The Microsoft account, formerly known as Windows Live ID, is the credentials you will use to authenticate with our network. To create a Microsoft account, you must provide a user name and password, certain demographic information, and "account proofs", such as an alternative email address or phone number. Existing Microsoft account holders may need to provide "account proofs" to continue using their Microsoft account. You are responsible for keeping your account information and password confidential. You can use your Microsoft account to gain access to other Microsoft products, websites or services (such as Windows, Xbox LIVE and Windows Phone); however, the terms and conditions for those products, websites or services, if different from this agreement, may also apply to your use of that product, website or service. The Microsoft branded services require that you sign in to your Microsoft account periodically, at a minimum of every 270 days, to keep the Microsoft branded services portion of the services active, unless provided otherwise in an offer for a paid portion of the services. If you fail to sign in during this period, we may cancel your access to the Microsoft branded services. If the Microsoft branded services are cancelled due to your failure to sign in, your data may be permanently deleted from our servers.
2.2. What if I can't access my Microsoft account? If you've forgotten your password or otherwise can't access your Microsoft account, you can recover your Microsoft account by visiting the Reset your password webpage (http://go.microsoft.com/fwlink/?LinkId=238656). Microsoft doesn't offer any guarantee that your Microsoft account will be restored or your content (as defined later) will be safeguarded.
3.1. Who owns the content that I put on the services? Content includes anything you upload to, store on, or transmit through the services, such as data, documents, photos, video, music, email and instant messages ("content"). Except for material that we license to you that may be incorporated into your own content (such as clip art), we don't claim ownership of the content you provide on the services. Your content remains your content, and you are responsible for it. We strongly advise you to make regular back-up copies of your content. We don't control, verify, pay for or endorse the content that you and others make available on the services.
3.2. Who can access my content? You have initial control over who may access your content. If you share content in public areas of the services or in shared areas available to others you’ve chosen, you expressly agree that anyone you have shared content with may, for free, use, reproduce, distribute, display, transmit, save and communicate the content solely in connection with the services and other Microsoft, or its licensees’, products and services. If you don't want others to have that ability, don't use the services to share your content. If you use or share content on the services in a way that infringes others’ copyrights, trademarks, other intellectual property rights or privacy rights, you are breaching this agreement. You represent and warrant that for the duration of this agreement you have (and will have) all the rights necessary for the content you upload or share on the services and that the use of the content, as contemplated in this paragraph, won't violate any law or rights of third parties.
3.3. What does Microsoft do with my content? When you upload your content to the services, you agree that it may be used, modified, adapted, saved, reproduced, distributed and displayed to the extent necessary to protect you and to provide, protect and improve Microsoft products and services. For example, we may occasionally use automated means to isolate information from email, chats or photos in order to help detect and protect against spam and malware, or to improve the services with new features that makes them easier to use. When processing your content, Microsoft takes steps to help preserve your privacy.
3.4. What type of content isn't permitted? Content that violates this agreement, which includes the Microsoft Anti-Spam Policy
(http://go.microsoft.com/fwlink/?LinkId=117951) and the Microsoft Code of Conduct
(http://go.microsoft.com/fwlink/?LinkId=266426), or your local law isn't permitted on the services. Microsoft reserves the right to review content for the purpose of enforcing this agreement. Microsoft may block or otherwise prevent delivery of any type of email, instant message or other communication to or from the services as part of our effort to protect the services or our customers, or otherwise enforce the terms of this agreement.
3.5. Can Microsoft remove my content from the services? Yes. We reserve the right to deny content or remove it from the services at any time if we believe that it violates applicable law or this agreement or if it exceeds limits on storage or file size. We may refuse to publish content and may remove content for any or no reason. If the content you store on the services is legal and in line with this agreement, protected by copyright law and you are authorised to use the content, we'll provide you with the opportunity to retrieve the content. This shall not apply if content is removed from our servers due to the fact that your Microsoft account remained inactive for the time mentioned in section 2.2.
4.1. What happens if I don't abide by these terms? If you violate this agreement, and continue to breach the relevant obligation after receipt of a notice to stop the breach within an appropriate and reasonable timeframe, we may take action against you including (without limitation) removing your content from the services, suspending your access to the services, asking you to refrain from certain activities, cancelling your services and/or referring such activity to appropriate authorities. This provision doesn't affect Microsoft’s additional legal rights to terminate the agreement immediately for good cause. This includes if you violate a material obligation of this agreement. Material obligations cover any obligations which need to be fulfilled in order to properly perform this agreement, which enable to reach the goals of this agreement and where the users generally can assume that those obligations will be fulfilled according to the sense and the content of this agreement. The removal of content and cancellation of the services will imply the deletion of data. Data will be deleted and irretrievable, therefore we strongly advise you to regularly back up the data and content that you store on the services.
4.2. Are there other ways I could lose access to the services? Yes. Portions of the services (namely the Microsoft branded services) require that you sign in to your Microsoft account at least once every 270 days (see section 2.2). Additionally, there are reasons why Microsoft may stop providing portions of the services, including (without limitation) that it is no longer feasible for us to provide it, the technology advances, customer feedback indicates a change is needed, or external issues arise that make it imprudent or impractical to continue. In such case, your data will be permanently deleted from that portion of the services. If we cancel a paid service in its entirety without cause, we’ll refund to you on a pro-rata basis the amount of payments that you've made corresponding to the portion of your service remaining right before the cancellation. If you sign up for a paid portion of the services and fail to make an on-time payment, we may suspend or cancel your service (see section 9.11 for more details).
4.3. How can I terminate the services? You may terminate the services at any time and for any reason. You can do this by going to your Account web page (https://account.live.com) and following the account closure process at that link. To cancel a paid service, see section 9.10. If you are cancelling your services, the quickest means of eliminating your content on the services is to manually remove it from the various components of the services (for example, manually delete your email). However, please note that while content you've deleted or that is associated with a closed account may not be accessible to you, it may still remain on our systems for a period of time.
4.4. What happens if my services are cancelled or terminated? If your services are cancelled or terminated (whether by you or us), your right to use the services stops immediately and your licence to use our software ends. You must then uninstall the software, or, alternatively, we may disable it. If your Microsoft account is cancelled or terminated (whether by you or us), your right to use your Microsoft account stops immediately. If your services are cancelled or terminated, we may permanently delete your content from our servers and we have no obligation to return content to you. We therefore advise you to make regular back-up copies of your content.
5.1. Does Microsoft collect my personal information? Your privacy is important to us. We use certain information that we collect from you to operate and provide the services. Additionally, as part of the services, we may also automatically upload information about your machine, your use of the services and service performance. Please read the Microsoft Online Privacy Statement (http://go.microsoft.com/fwlink/p/?LinkId=253457) to learn how we use and protect your information.
5.3. Does Microsoft disclose my personal information outside Microsoft? You expressly consent and agree that Microsoft may access, disclose or preserve information associated with your use of the services, including (without limitation) your personal information and content, or information that Microsoft acquires about you through your use of the services (such as Internet Protocol address or other third party information) when Microsoft forms a good faith belief that doing so is necessary: (a) to comply with applicable law or to respond to legal process from competent authorities; (b) to enforce this agreement or protect the rights or property of Microsoft or our customers; or (c) to help prevent a loss of life or serious physical injury to anyone.
5.4. How does Microsoft respond to legal process? Similarly to other providers of Internet services, Microsoft is served with legal demands and requests from law enforcement, government entities and private litigants for content stored on our network. This information may relate to an alleged crime or civil matter and is usually requested pursuant to the normal legal process of the country or locality where the activity occurred. Microsoft may be obligated to comply with requests for your information or your content as part of such investigations or legal proceedings.
We strive to keep the services up and running; however, all online services suffer occasional disruptions and outages. You should regularly backup the content that you store on the services. Having a regular backup plan and following it can help you prevent loss of your content.
7.1. What terms govern the software that is part of the services? If you use or receive software from us as part of the services, its use is governed by one of two sets of licence terms (the "licence terms"): If you are presented with a separate licence agreement for the software and you accept the terms thereof, the licence terms that are displayed will apply exclusively to the software. If you don't accept the licence terms, you may not use or receive the software. If no licence agreement is separately presented to you, the terms of this agreement will apply exclusively. The software is licensed, not sold, and Microsoft reserves all rights to the software not expressly granted by Microsoft under the licence terms. If this agreement governs the website you are viewing, any third-party scripts or code, linked to or referenced from this website, are licensed to you by the third parties that own that code, not by Microsoft.
7.2. How can I use the software that is provided as part of the services? We grant you the right to install and use one copy of the software per device for use by only one person at a time as part of your use of the services, but only if you comply with all other conditions in this agreement.
7.3. Are there things I can't do with the software or services? Yes. In addition to the other restrictions in this agreement, you may not: circumvent or bypass any technological protection measures in or relating to the software or services or disassemble, decompile or reverse engineer any software or other aspect of the services that is included in or accessible through the services, except and only to the extent that the applicable copyright law expressly permits doing so; separate components of the software or services for use on different devices; publish, copy, rent, lease or lend the software or the services; or transfer the software, any software licences or any rights regarding the services, except as expressly permitted by this agreement. You may not use the services in any unauthorised way that could interfere with anyone else’s use of it or gain access to any service, data, account or network. You may not enable access to the services by unauthorised third-party applications.
7.4. How is the software updated? We may automatically check your version of the software. We may also automatically download to your computer without charging you, updates to the software to update, enhance and further develop the services. You agree to accept such updates subject to these terms unless other terms accompany the updates. If so, those other terms will apply to the updated software, and if you don't accept the other terms applicable to the updates, you may not use or receive the updates. Microsoft isn't obligated to make any updates available and doesn't guarantee that we'll support the version of the system for which you licensed the software.
8.1. Office.com and Office Web App media elements and templates. If you use Microsoft Office.com or the Microsoft Office Web Apps, you may have access to media images, clip art, animations, sounds, music, video clips, templates and other forms of content ("media elements") provided with the software available on Office.com or as part of a service associated with the software. You may copy and use the media elements in projects and documents. You may not (i) sell, license or distribute copies of the media elements by themselves or as a product if the primary value of the product is the media elements; (ii) grant your customers rights to further license or distribute the media elements; (iii) license or distribute for commercial purposes media elements that include the representation of identifiable individuals, governments, logos, trademarks or emblems or use these types of images in ways that could imply an endorsement or association with your product, entity or activity; or (iv) create obscene works using the media elements. For more information, see the Use of Microsoft Copyrighted Content webpage (http://www.microsoft.com/permission).
8.2. MSN Video. The videos and embeddable video player available on MSN Video are for your non-commercial, personal use only and, unless otherwise stated elsewhere in this agreement, may not be downloaded, copied or redistributed without authorisation from the rights holders. You may not use the embeddable video player on any website whose purpose is primarily for the display of advertising or collection of subscription revenues or is in direct competition with MSN Video unless you first get our express, written consent. You agree that your use of the embeddable video player may result in additional third-party costs, fees and royalties, including applicable public performance royalties in your country or region.
8.3. Bing voice activated search. If you use the voice activated search feature in the Bing application, you expressly consent to Microsoft recording and collecting your voice input. Our use of your voice input will be used solely to provide the Bing service to you and improve Microsoft voice recognition products and services.
8.4. Location and m.bing.com If you have location enabled on your device when you use m.bing.com, you expressly consent to Microsoft collecting and using your location in accordance with the Microsoft Online Privacy Statement (http://go.microsoft.com/fwlink/p/?LinkId=253457). We use your location information to provide and improve search and mapping results.
9.1. Charges. If there is a charge associated with a portion of the services, you agree to pay that charge. The price stated for the services includes all applicable taxes and currency exchange settlements, unless stated otherwise.
9.2. Your billing account. To pay the charges for a service, you will be asked to provide a payment method at the time you sign up for that service. You can access and change your billing account information and payment method on the Billing and Account Management website (https://billing.microsoft.com). You agree to keep your billing account information current at all times. Additionally, you agree to permit Microsoft to use any updated account information regarding your payment method provided by your issuing bank or the applicable payment network. If you tell us to stop using your payment method and don't provide us with another payment method after our notice to you to do so within an appropriate timeframe, we may cancel your paid service for good cause. Your notice to us won't affect charges we submit to your billing account before we reasonably could act on your changes to your billing account information.
9.3. Billing. By providing Microsoft with a payment method, you (i) represent that you are authorised to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorise Microsoft to charge you for the services using your payment method; and (iii) authorise Microsoft to charge you for any paid feature of the services that you choose to sign up for or use while this agreement is in force. Billing of service charges to your payment method may occur as we agreed, including: (a) at the time of purchase; (b) shortly after purchase; or (c) on a recurring basis for subscription services. Subject to your consent, billing may also occur in advance. Also, we may charge you up to the amount you've approved, and we'll notify you in advance of the difference for recurring subscription services. We may bill you for more than one of your prior and current billing periods together.
9.4. Automatic Renewal. Provided that automatic renewals are allowed in your country, province or state, we'll inform you either at the time you sign up for the service or before automatically renewing your service that the service will automatically renew. Once we have informed you that the services will be automatically renewed, we may automatically renew your services and charge you the then current price for the renewal term. We'll also remind you that we'll bill your chosen payment method for the services renewal and will provide you with instructions on how you can cancel the service. We'll charge you the then current price for the renewal term, unless you've notified us that you wish to cancel the agreement at least one month prior to its expiry or the expiry of any renewal term, or otherwise in accordance with how we may have told you that you may cancel.
9.5. Online statement and errors. We'll provide you with an online billing statement on the Billing and Account Management website (https://billing.microsoft.com), where you can view and print your statement. You are obliged to check the online billing statement at regular intervals, and at least once a month. This is the only billing statement that we provide. It is your responsibility to print or save a copy of each online statement and to retain such copy for your records. If we make an error on your bill, we’ll correct it promptly after you tell us and we investigate the charge. You must tell us within 120 days after an obvious error first appears on your bill. If you don’t tell us within that time, you release us from all liability and claims of loss resulting from any error caused by slight negligence; further in that case we won’t be required to correct the error or provide a refund. In any other cases, if Microsoft has identified a billing error, we'll inform you and take steps to correct it as soon as reasonably possible.
9.6. Cooling off period. When you request services from us, you will be entitled to a cancellation or "cooling off" period of fifteen days unless we begin to provide the services immediately, in which case you won't be entitled to a cancellation or "cooling off" period. You may cancel the services as provided in section 9.10. See section 9.9 for Microsoft’s refund policies.
9.7. Trial period offers. If you are taking part in any trial period offer, you must cancel the services by the end of the trial period to avoid incurring new charges, unless we notify you otherwise. The services may be cancelled as provided in section 9.10. If you don't cancel your services, and we have told you the services will convert to a paid subscription at the end of the trial period and we have informed you of the applicable charges and any other eventual applicable terms, then you authorise us to charge your payment method the then current price for the services.
9.8. Price changes. If there is a specific time length and price for your service offer, that price will remain in force until that offer period ends. You will need to agree to any new offer and price if you want to continue the services. If your services are on a period basis (for example, monthly), with no specific time length and isn't a trial offer, we may change the price of the services up to 5 per cent per year if we inform you at least 30 days before the change will become effective. You will have the opportunity to cancel the services before the price changes. When we notify you of the price change, we'll also peculiarly inform you that the new price will become effective if you don't cancel the services. After the term ends, and provided that you didn't cancel the services further to our information, we'll charge you for your use of the services at the new price. If you don't agree to the price change, you must cancel and stop using the services before the price change takes effect. If you cancel, your services end at the end of your current services period or, if we bill your account on a periodic basis, at the end of the period in which you cancelled.
9.9. Refund policies. In general, charges are non-refundable except if the refund is based on an ordinary cancellation or cancellation for good cause or culpable behaviour or omission by Microsoft, including if the services aren't effectively provided. If you are entitled to a cooling off period per section 9.6, you will be reimbursed, within a reasonable time, for any amounts actually paid.
9.10. Cancelling the services. You may cancel the services at any time, with or without cause. Go to the Billing and Account Management website (https://billing.microsoft.com) for further information and direction on how to cancel your services. You should refer back to the offer describing the services as (i) you may be obligated to pay all charges made to your billing account for the services prior to the date of cancellation; or (ii) you may lose access to your Microsoft account when you cancel the services.
9.11. Late payments. You must pay for the reasonable costs we incur to collect any past due amounts including lawyers' fees and other legal fees and costs, as permitted by law and regulations. We may suspend or cancel your services if you fail to pay in full on time after we send you a reminder – with the threat of suspension and/or termination of the services – to make your payment within an appropriate time. You can avoid suspension or cancellation if you make the required payment within the appropriate time set forth in the reminder. A different procedure will apply if the amount missing is marginal. Amounts missing below 2 per cent of the total invoice value will always be deemed marginal. Suspension or cancellation of the services for non-payment could result in the loss of access to your Microsoft account.
9.12. Payments to you. If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. If you receive a payment in error, we may reverse or seek return of the payment and you agree to cooperate with us in our efforts to do this.
9.13. Internet access services and other charges. If the services don't include Internet access, you are responsible for paying the fees charged by your Internet access provider. Those fees are in addition to the fees you pay us for the services. If you access the services through wireless devices (for example, mobile phones and tablets), your wireless carrier may charge fees for alerts, web browsing, messaging and other services that require the use of airtime and wireless data services. Check with your operator to verify whether there are any such fees that may apply to you. You are solely responsible for any costs you incur to access the services through any mobile or other communication service.
WE PROVIDE THE SERVICES "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE". WE DON’T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS AREN'T FAULT-FREE AND THAT OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE CAN'T GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS AND VENDORS GIVE NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU HAVE ALL WARRANTIES FORESEEN BY LAW, BUT WE GRANT NO OTHER WARRANTIES. WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND NON-INFRINGEMENT.
11.1. Microsoft shall not be liable for any content, including links to third-party websites, and activities provided by users. Such content and activities are neither attributable to Microsoft nor do they represent Microsoft’s opinion.
11.2. Microsoft shall only be liable for slight negligence of Microsoft, its vicarious agents and/or its legal representatives if material obligations of the agreement have been violated. Material obligations cover any obligations which need to be fulfilled in order to properly perform this agreement, which enable to reach the goals of this agreement and where the users generally can assume that those obligations will be fulfilled according to the sense and the content of this agreement.
11.3. Microsoft, its vicarious agents and/or its legal representatives shall not be liable for any unforeseeable damage, atypical damage and/or financial loss with respect to any indirect damage, including loss of profit, unless Microsoft, its vicarious agents and/or its legal representatives have at least acted with gross negligence.
11.4. Any statutory no-fault liability of Microsoft, including, without limitation, liability under the product liability act and statutory liability for breach of warranty, shall remain unaffected by the limitation of liability. The same shall apply to liability of Microsoft, its vicarious agents and/or its legal representatives in the event of negligent injury to an individual’s life, body or health.
11.5. No other contractual and legal claims besides those covered in subsections 11.1 through to 11.4 of this section 11 may result from this agreement and/or the use of the services, apart from any contractual and/or legal liability of Microsoft for death and/or personal injury not previously covered in this section 11.
12.1 Europe. If you live in (or, if you are a business, you are headquartered in) Europe, you are contracting with Microsoft Luxembourg S.à.r.l., 20 Rue Eugene Ruppert, Immeuble Laccolith, 1st Floor, L-2543 Luxembourg and the laws of Luxembourg govern the interpretation of this agreement and apply to claims for breach of it, regardless of conflict of laws principles, unless you live in or your business is headquartered in Spain, in which case the laws of Spain govern the interpretation of this agreement. All other claims, including claims regarding consumer protection laws, unfair competition laws and in tort, will be subject to the laws of the country to which we direct your services. With respect to jurisdiction, you and Microsoft may choose the country to which we direct your services for all disputes arising out of or relating to this agreement, or in the alternative, you may choose the responsible court in Luxembourg.
12.2. United States.If you live in (or, if you are a business, you are headquartered in) the United States, you are contracting with Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, US. The laws of the state where you live govern the interpretation of this contract, claims for breach of it and all other claims (including consumer protection, unfair competition and tort claims), regardless of conflict of law principles. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, for all disputes arising out of or relating to this agreement or the services that are heard in court (not arbitration and not small claims court).
12.3. North or South America outside the United States. If you live in (or, if you are a business, you are headquartered in) North or South America outside the United States, you are contracting with Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, US. Washington state law governs the interpretation of this contract and applies to claims for breach of it, regardless of choice of law principles. All other claims, including claims regarding consumer protection laws, unfair competition laws and in tort, will be subject to the laws of the country to which we direct your services.
12.4. Middle East or Africa. If you live in (or, if you are a business, you are headquartered in) the Middle East or Africa, you are contracting with Microsoft Luxembourg S.à.r.l., 20 Rue Eugene Ruppert, Immeuble Laccolith, 1st Floor, L-2543 Luxembourg, and the laws of Luxembourg govern the interpretation of this agreement and apply to claims for breach of it, regardless of conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws and in tort, will be subject to the laws of the country to which we direct your services. You and we irrevocably agree to the exclusive jurisdiction and venue of the Luxembourg courts for all disputes arising out of or relating to this agreement.
12.5. Asia or the South Pacific, unless your country is specifically called out. If you live in (or, if you are a business, you are headquartered in) Asia or the South Pacific, you are contracting with Microsoft Regional Sales Corp., a corporation organised under the laws of the State of Nevada, US, with a branch in Singapore, having its principal place of business at 438B Alexandra Road, #04-09/12, Block B, Alexandra Technopark, Singapore, 119968, and Washington state law governs this agreement, regardless of conflict of laws principles. Any dispute arising out of or in connection with this agreement, including any question regarding its existence, validity or termination, will be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Center (SIAC), which rules are deemed to be incorporated by reference into this clause. The Tribunal will consist of one arbitrator to be appointed by the Chairman of SIAC. The language of arbitration will be English. The decision of the arbitrator will be final, binding and incontestable, and it may be used as a basis for judgment in any country or region.
12.6. Japan. If you live in (or, if you are a business, you are headquartered in) Japan, you are contracting with Microsoft Japan Co., Ltd (MSKK), Shinagawa Grand Central Tower, 2-16-3 Konan Minato-ku, Tokyo 108-0075. The laws of Japan govern this agreement and any matters arising out of or relating to it. You and we irrevocably agree to the exclusive original jurisdiction and venue of the Tokyo District Court for all disputes arising out of or relating to this agreement.
12.7. China. If you live in (or, if you are a business, you are headquartered in) China, you are contracting with Shanghai MSN Network Communications Technology Company Limited, Suite B, 8th Floor, Building Ding, No. 555, Dongchuan Road, Minxing District, Shanghai, PRC, for your use of MSN, Bing, or Windows Live Messenger; PRC law governs this agreement as it relates to your use of the services under this agreement operated by Shanghai MSN Network Communications Technology Company Limited. For your use of MSN, Bing, or Windows Live Messenger under this agreement, any dispute arising out of or in connection with this agreement, including any question regarding the existence, validity or termination of this agreement will be referred to and finally resolved by arbitration in Hong Kong under the auspices of the Hong Kong International Arbitration Centre ("HKIAC") in accordance with the UNCITRAL Arbitration Rules, which are deemed to be incorporated by reference into this clause. For such arbitration, there will be one arbitrator, who will be appointed by HKIAC in accordance with the UNCITRAL Arbitration Rules. The language of arbitration will be English. The decision of the arbitrator will be final, binding and incontestable and may be used as a basis for judgment in China or elsewhere. For your use of all other services under this agreement, you are contracting with Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, US. As to those services, Washington state law governs this agreement, regardless of conflict of laws principles. The jurisdiction of the state or federal courts in King County, Washington, U.S.A, is non-exclusive.
12.8. Republic of Korea. If you live in (or, if you are a business, you are headquartered in) the Republic of Korea, you are contracting with Microsoft Korea, Inc., 6th Floor, POSCO Center, 892 Daechi-Dong, Kangnam-Gu, Seoul, 135-777, Korea, and the laws of the Republic of Korea govern this agreement. You and we irrevocably agree to exclusive original jurisdiction and venue of the Seoul District Court for all disputes arising out of or relating to this agreement.
12.9. Taiwan. If you live in (or, if you are a business, you are headquartered in) Taiwan, you are contracting with Microsoft Taiwan Corp., 8F, No 7 Sungren Road, Shinyi Chiu, Taipei, Taiwan 110, and the laws of Taiwan govern this agreement. You and we irrevocably designate the Taipei District Court as the court of first instance having jurisdiction over any disputes arising out of or relating to this agreement.
You may be able to access third-party websites or services via the services that aren't controlled or published by Microsoft. Microsoft isn't responsible for third-party websites, services or content available through the services. You are solely responsible for your dealings with third-parties (including advertisers). Your use of third-party websites or services may be subject to that third-party’s terms and conditions.
If you access content protected with Microsoft Digital Rights Management (DRM), the software may automatically request media usage rights from a rights server online and download and install DRM updates so that you can play the content. For more information, see the DRM information in the Microsoft Silverlight Privacy Statement (http://go.microsoft.com/fwlink/?LinkId=178857).
The software may contain Microsoft .NET Framework software. This software is part of Windows. The licence terms for Windows apply to your use of the .NET Framework software.
Sections 6, 9 (for amounts incurred before the end of this agreement), 10, 11, 12, 19, and those that by their terms will apply after it ends will survive any termination or cancellation of this agreement.
We may assign, transfer or otherwise dispose our rights and obligations under this contract, in whole or in part, so long as such assignment isn't to your detriment, at any time without notice.
This contract is in electronic form. We may send you, in electronic form, information about the services, additional information and information the law requires us to provide. We may provide required information to you by email to the address that you specified when you signed up for the services or by access to a Microsoft website that we identify. We recommend you monitor and maintain the email address you specified. If you don't consent to receive notices electronically, you must stop using the services. You may notify Microsoft as stated in customer support for the services, as specified in section 22.
This is the entire agreement between you and Microsoft for your use of the services. It supersedes any prior agreements between you and Microsoft regarding your use of the services. The agreement’s section titles are for reference only and have no legal effect. Separate or additional terms may apply when you use or pay for other Microsoft services than those governed by this agreement. All parts of this agreement apply to the maximum extent permitted by relevant law. If a court holds that we can't enforce a part of this agreement as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of this agreement won't change.
This agreement is solely for your and our benefit. It isn't for the benefit of any other person, except for permitted successors and assigns.
You may use the fonts to display and print content only while using the services. You may not circumvent any embedding restrictions in the fonts.
Customer support for the Microsoft branded services is available via Microsoft Answers (http://answers.microsoft.com) and the Windows website (http://windows.microsoft.com). Customer support for MSN Internet Access is available at MSN Support (https://support.msn.com). Customer email support for Bing and Bing clients is available at Bing Support (https://support.discoverbing.com). Any complaints related to the execution of this agreement are to be submitted to the websites set out in this clause.
Microsoft’s free software and services are subject to United States and other jurisdictions’ export and technology laws and you agree to comply with all such applicable laws and regulations that apply to the software and/or services. United States government permission is required to transfer these free software and services to governments of any embargoed country or certain prohibited parties. Please see the U.S. Department of Treasury (http://go.microsoft.com/fwlink/?LinkID=243206) website for more information. Additionally, paid services are subject to United States export laws and regulations with which you must comply. These laws include restrictions on destinations, end users and end use. For additional information, see the Exporting Microsoft Products website (http://www.microsoft.com/exporting).
Notices and procedure for making claims of copyright infringement. Notifications of claimed copyright infringement should be sent to Microsoft's designated agent. ENQUIRIES 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 (http://www.microsoft.com/info/cpyrtInfrg.htm).
Notices and procedures regarding intellectual property concerns in Sponsored Sites advertising. Please review our Intellectual Property Guidelines (http://go.microsoft.com/fwlink/?LinkId=243207) regarding intellectual property concerns on our advertising network.
Copyright and trademark notices. All contents of the services are Copyright © 2012 Microsoft Corporation and/or its suppliers, One Microsoft Way, Redmond, WA 98052, US. All rights reserved. We or our suppliers own the title, copyright, and other intellectual property rights in the services and its content. Microsoft and the names, logos and icons of all Microsoft products, software and services may be either trademarks or registered trademarks of Microsoft (http://www.microsoft.com/about/legal/en/us/IntellectualProperty/Trademarks/EN-US.aspx) in the United States and/or other countries. The names of actual companies and products may be the trademarks of their respective owners. Any rights not expressly granted in this agreement are reserved. Certain software used in certain Microsoft website servers is based in part on the work of the Independent JPEG Group. Copyright © 1991-1996 Thomas G. Lane. All rights reserved. "gnuplot" software used in certain Microsoft website servers is copyright © 1986-1993 Thomas Williams, Colin Kelley. All rights reserved.
Stock quotes and index data (including index values). All information provided by Interactive Data Corporation ("IDC") and its affiliates (the "IDC Information") included in the services is owned by or licensed to IDC and its affiliates. You are permitted to store, manipulate, analyse, reformat, print and display the IDC Information only for your personal use. You may not publish, retransmit, redistribute or otherwise reproduce any IDC Information in any format to anyone. Nor will you use any IDC Information in or in connection with any business or commercial enterprise, including, without limitation, any securities, investment, accounting, banking, legal, or media business or enterprise. Before executing a security trade based upon the IDC Information, you are advised to consult with your broker or other financial representative to verify pricing information. Neither IDC nor its affiliates or their respective licensors will be liable to any user or anyone else for any interruption, inaccuracy, delays, error or omission, regardless of cause, in the IDC Information or for any damages (whether direct or indirect, consequential, punitive or exemplary) that result. The terms of this section reflect Microsoft’s arrangement with IDC and its affiliates and you agree that this section, not other sections of this agreement, will apply to the IDC Information in the event of a conflict or inconsistency with another term of this agreement.
You may not use any of the Dow Jones IndexesSM, index data, or the Dow Jones marks in connection with the issuance, creation, sponsorship, trading, marketing or promotion of any financial instruments or investment products (for example, derivatives, structured products, investment funds, exchange-traded funds or investment portfolios; where the price, return and/or performance of the instrument or investment product is based on, related to or intended to track any of the Indexes or a proxy for any of the Indexes) without a separate written agreement with Dow Jones.
Financial notice. Microsoft isn't a broker/dealer or registered investment advisor under United States federal securities law or securities laws of other jurisdictions and doesn't advise individuals as to the advisability of investing in, purchasing or selling securities or other financial products or services. Nothing contained in the services is an offer or solicitation to buy or sell any security. Neither Microsoft nor its licensors of stock quotes or index data endorse or recommend any particular financial products or services. Nothing in the services is intended to be professional advice, including but not limited to, investment or tax advice.
Notice about the H.264/AVC Visual Standard and the VC-1 Video Standard. The software may include H.264/MPEG-4 AVC and/or VC-1 decoding technology. MPEG LA, L.L.C. requires this notice:
THIS PRODUCT IS LICENSED UNDER THE AVC AND THE VC-1 PATENT PORTFOLIO LICENCES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (A) ENCODE VIDEO IN COMPLIANCE WITH THE STANDARDS ("VIDEO STANDARDS") AND/OR (B) DECODE AVC AND VC-1 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NONE OF THE LICENCES EXTEND TO ANY OTHER PRODUCT REGARDLESS OF WHETHER SUCH PRODUCT IS INCLUDED WITH THIS SOFTWARE IN A SINGLE ARTICLE. NO LICENCE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE THE MPEG LA WEBSITE (http://go.microsoft.com/fwlink/?LinkId=31690).
For clarification purposes only, this notice doesn't limit or inhibit the use of the software provided under this agreement for normal business uses that are personal to that business which don't include (i) redistribution of the software to third parties, or (ii) creation of content with the Video Standards compliant technologies for distribution to third parties.