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| Microsoft Passport Web Site and Services Terms of Use and Notices |
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| AGREEMENT BETWEEN USER AND MICROSOFT CORPORATION This Agreement governs your use of the Passport Web Site operated by Microsoft Corporation ("Microsoft") and the associated Passport single sign-in and Passport express purchase Services ("Passport Services") provided by Microsoft. The Passport Web Site and Passport Services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Passport Web Site and Passport Services constitutes your agreement to all such terms, conditions, and notices. You agree to familiarize yourself with these Terms of Use, the Passport Privacy Statement (http://www.passport.com/Consumer/PrivacyPolicy.asp), and other terms and guidelines found throughout the Passport Web Site and abide by them if you choose to use the Passport Web Site or Passport Services. MODIFICATION OF THESE TERMS OF USE Microsoft reserves the right to change the terms, conditions, and notices under which the Passport Web Site and Passport Services are offered. You are responsible for regularly reviewing these terms and conditions. Continued use of the Passport Web Site or Passport Services after any such changes shall constitute your consent to such changes. PERSONAL AND NON-COMMERCIAL USE LIMITATION Unless you are a signatory to a Passport services agreement, the Passport Web Site and Passport Services are for your personal and non-commercial use. Except as may be specifically set forth in the Passport service agreement(s) (as applicable only to Passport Participant web sites), 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 through the Passport Web Site and service. LINKS TO THIRD PARTY SITES The Passport Web Site may contain links to other Web sites ("Linked Sites"). The Linked Sites are not under the control of Microsoft and Microsoft is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. 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 or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. NO UNLAWFUL OR PROHIBITED USE As a condition of your use of the Passport Web Site and Passport Service, you warrant to Microsoft that you will not use the Passport Web Site or Passport Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Passport Web Site or Passport Service in any manner that could damage, disable, overburden, or impair the Passport Web Site or interfere with any other party's use and enjoyment of the Passport Web Site or Passport Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Passport Web Site. TERMS OF USE FOR PASSPORT-ENABLED PROPERTIES For the terms and conditions governing your use of any web site or service that enables you to use Passport Single Sign-In or Passport express purchase Services ("Passport-Enabled Properties"), please refer to the applicable Terms of Use for such Passport-Enabled Properties. MICROSOFT'S RIGHT TO USE FEEDBACK OR SUGGESTIONS YOU SUBMIT By submitting any feedback or suggestions to Microsoft concerning the Passport Web Site or the Passport Service, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting Microsoft and its affiliated companies permission to:
This section is inapplicable to any personally identifiable information that you provide in connection with your registration for the Passport Service(s). For terms and conditions governing use of such information and for more information on how the Passport Service works, please refer to the Passport Privacy Statement at http://www.passport.com/Consumer/PrivacyPolicy.asp. This privacy statement is controlling and overrides any conflicting language contained in these Terms of Use concerning use of such information. This section also is inapplicable to any documents, information, or other data that you upload, transmit or otherwise submit to or through any Passport-Enabled Properties. Please refer to the terms and conditions for such Passport-Enabled Properties to determine the rights of the web site or service provider to such documents, information and/or data. SOFTWARE AVAILABLE ON THE PASSPORT WEB SITE Software (if any) that is made available to download from the Passport Web Site, excluding software that may be made available by end-users through a Communication Service, ("Software") 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, which 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, a personal, non-transferable license to use the Software for viewing and otherwise using the Passport Web Site and service in accordance with these Terms of Use, 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 SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the U.S.A. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S.A. export restrictions. LIABILITY DISCLAIMER THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PASSPORT WEB SITE AND SERVICE MAY INCLUDE 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 PASSPORT WEB SITE OR SERVICE AT ANY TIME. ADVICE RECEIVED VIA THE PASSPORT WEB SITE OR SERVICE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON OR OBTAINED THROUGH THE PASSPORT WEB SITE OR SERVICE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES 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, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL MICROSOFT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PASSPORT WEB SITE OR RELATED SERVICES, WITH THE DELAY OR INABILITY TO USE THE PASSPORT WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE PASSPORT WEB SITE OR SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE PASSPORT WEB SITE OR SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MICROSOFT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PASSPORT WEB SITE OR SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PASSPORT WEB SITE AND ITS RELATED SERVICES. SERVICE CONTACT Contact customer service as directed on http://memberservices.passport.com with questions or problems with this Web site. TERMINATION/ACCESS RESTRICTION Microsoft reserves the right, in its sole discretion, to terminate your access to the Passport Web Site and the related services or any portion thereof at any time, without notice. GENERAL 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 use of the Passport Web Site or service. Use of the Passport Web Site and service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Microsoft as a result of this agreement or use of the Passport Web Site or service. Microsoft may assign 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 use of the Passport Web Site or service or information provided to or gathered by Microsoft with respect to such use. 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 use of or conduct on the Passport Web Site or Passport Service. 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 the agreement shall continue in effect. This agreement and the Passport service agreement(s) (where applicable) constitute the entire agreement between the user and Microsoft with respect to the Passport Web Site and Passport Service and such agreements supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Microsoft with respect to the Passport Web Site and Passport Service. A printed version of this agreement and of any notice 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 originally generated and maintained in printed form. COPYRIGHT AND TRADEMARK NOTICES All contents of the Passport Web Site are: Copyright © 1999-2001 Microsoft, Inc. and/or its suppliers, c/o Microsoft Corporation, One Microsoft Way, Redmond, Washington 98052-6399 U.S.A. All rights reserved. TRADEMARKS. Microsoft is a registered trademark of Microsoft Corporation. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved. 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 RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement. FOR INFORMATION REGARDING THE PASSPORT PRIVACY STATEMENT CLICK HERE Revised April 4, 2001 |
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