Terms of Use
Microsoft Service Agreement
Last updated: February 2008
This is a contract between you and the Microsoft company listed in section 21 of this contract. This contract refers to Microsoft as “we,” “us” or “our.” This contract applies to any Microsoft Office Labs Web sites (and their successor sites), services (including pre-release services) and software, including all updates, support, and content. This contract refers to all of these as the “service.” This contract also covers your use of any additional Microsoft services for which you sign up while this contract is in force, unless other terms accompany those services. If so, those terms apply. You represent that you are at least 18 years of age or have attained the age of majority where you live, and that all information you supply is true and correct. Each service may have other posted notices or codes of conduct. All such notices and codes of conduct are incorporated by reference into this contract.
You may use the service only if you agree to these terms. If you do not agree, do not use the service. This contract limits our liability and disclaims warranties for the service to the maximum extent permitted by law. Please read these sections of the contract carefully.
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1. When You May Use the Service
If you create an account to use the service, you may start using the service as soon as you have finished the sign–up process. As indicated during the setup process, some parts of the service may not be available right away while we configure them for your use. If you do not create an account to use the service, you can use the available service right away.
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2. Personal and Non-Commercial Use of the Service
The services are provided to you for your own personal use, they may not be used for any commerical purposes. Examples of commercial purposes include running business operations, licensing, leasing, or selling the services, or any other activity which purpose is to procure a commercial gain to you or others.
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3. How You May Use the Service
In using the service, you must
- comply with all laws,
- comply with any codes of conduct or other notices we provide,
- comply with the Microsoft Anti-Spam Policy,
- keep your password secret, and
- promptly notify us if you learn of a security breach related to the service.
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4. How You May Not Use the Service
In using the service, you may not
- use the service in any way that harms Microsoft or its affiliates, resellers, distributors and/or vendors (collectively, the “Microsoft parties”), or any customer of a Microsoft party,
- engage in, facilitate, or further unlawful conduct,
- damage, disable, overburden or impair the service (or the networks connected to the service) or interfere with anyone’s use and enjoyment of the service,
- resell or redistribute the service, or any part of the service, unless you have a contract with Microsoft that permits you to do so,
- use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages (“spam”),
- use any unauthorized third-party software or service to access the Microsoft instant messaging network (currently known as the .NET Messenger service),
- use any automated process or service to access and/or use the service (such as a BOT, a spider, periodic caching of information stored by Microsoft or “meta-searching”), or
- use any unauthorized means to modify or reroute, or attempt to modify or reroute, the service.
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5. Your Service Account
You may establish a service account and password for the service. The service may enable you to have other people create member accounts and passwords associated with your account. We call these “associated accounts.” You are responsible for all activity under your account, associated accounts and passwords.
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6. Associated Account Users
If you are the user of an associated account, then the holder of the service account has full control over your associated account. This control includes the right to end the service, close or alter your associated account at any time, and in some cases, to request and receive computer and service use information related to your associated account. Any data related to your associated account is collected and delivered to the account holder and Microsoft.
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7. How We May Change This Contract
Microsoft may change this contract at any time without notice. If you do not stop using the service, your continued use of the service will be under the changed contract.
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8. Changes to the Service; Cancellation or Termination
- By Microsoft. We may change the service at any time and for any reason without notice. We may cancel or suspend your service or a portion of your service at any time and for any reason without notice, including if you violate the terms of this contract. If we do, your right to use the service will stop right away.
- Data. Upon termination or cancellation of the service by you or us for any reason, Microsoft may delete your data permanently from our servers. You are responsible for taking the necessary steps to back up your data.
- Waiver of rights and obligations. To the extent necessary to implement the termination of this contract, each party waives any right and obligation under any applicable law or regulation to request or obtain intervention of the courts to terminate this contract.
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9. Limits on Service
Microsoft may establish limits on the service. For example, we may limit
- the number of days the service will retain e-mail messages, message board postings and other content that Microsoft, you or other users may post or provide,
- the number and size of e-mail messages that you may send or receive through the service,
- the maximum storage space on Microsoft’s servers available to you,
- the amount of bandwidth available for traffic to a Web site that we host for you,
- the number of users on your account or any associated accounts,
- how long we retain an inactive service account, which we define as one where you do not sign in to the service for an extended period of time, and
- the number of transactions you can conduct through the service.
If you exceed the published service limits, Microsoft reserves the right to cancel your service.
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10. Microsoft Does Not Have Editorial Control
- Content. Microsoft, you, your associated account users and third parties may be able to post or store materials, including data, documents, information, advertisements, communications, messages, videos and links to third party Web sites (“content”) on the service. The service includes publicly accessible areas, such as a public Web site that Microsoft hosts for you, a community bulletin board service, shared calendar or other public area that allows you to communicate with others (“public areas of the service”). It also includes areas of the service to which you can control access by others, such as shared work sites on Microsoft servers (“private areas of the service”).
- Intellectual property rights. Microsoft does not sanction or approve the unauthorized use of content protected by copyright and other intellectual property rights. You understand that sharing content that violates others’ copyrights and intellectual property rights violates this contract. You represent and warrant that the use and publication of the content by you and others does not violate the intellectual property rights of any third party. You understand that Microsoft may remove content at any time without notice when the content violates this contract or an applicable code of conduct, or when we have a good faith reason to believe it is necessary to do so.
- Posting Content. You understand that Microsoft does not control or endorse the content that you and others post or provide on the service. Microsoft doesn’t claim ownership of content that you and others post or provide. By posting or providing content you grant to Microsoft and the public (for content posted on public areas of the service), or those members of the public to which you have granted access (for content posted on private areas of the service), free, unlimited worldwide and perpetual permission to
- use, modify, copy, distribute and display the content in connection with the service, and
- publish your name with the content.
You also give the public, or those members of the public to which you have granted access, permission to grant these rights to others. You represent and warrant that you have all the rights necessary for you to grant the rights in this section and that the use and publication of the content does not breach any law. Microsoft will not pay you for content you post on public areas of the service. This section only applies to legally permissible content and only to the extent that use and publishing of the legally permissible content does not breach the law.
- Private areas of the service. You understand that certain technical processing of content posted on private areas of the service may be required to
- store and retrieve the content,
- conform to connecting networks’ technical requirements, or
- conform to the limitations of the service.
- Links to third-party Web sites. The service may contain links to third-party Web sites. These third-party Web sites are not under Microsoft’s control. If Microsoft has included these links in the service, we provide them to you as a convenience only. The inclusion of these links is not an endorsement by Microsoft of any third-party Web site, service or product. Microsoft reserves the right to disable links to any third-party Web site that you or other customers post on the service.
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11. Trademark Usage in Content.
If your video includes screenshots of Microsoft software, you must comply with Microsoft’s screenshot guidelines, available at http://www.microsoft.com/about/legal/permissions/default.mspx#E3C.
You acknowledge that Microsoft is the sole owner of any and all trademarks that appear in the screenshots, such as the words “Microsoft Office”, the Microsoft Office Logo, and Microsoft Office launch icons, and you agree that all goodwill in these trademarks inures to the benefit of Microsoft.
You acknowledge that your use of Microsoft’s trademarks is limited to use within screenshots you are including in your instructional video, and that Microsoft has not granted you rights to use Microsoft’s trademarks for any other purpose.
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12. Privacy
- Access and Disclosure. In order to operate and provide the services, we collect certain information about you. We use and protect that information as described in the Microsoft Online Privacy Statement. In particular, we may access or disclose information about you, including the content of your communications, in order to:
- comply with the law or respond to lawful requests or legal process,
- protect the rights or property of Microsoft or our customers, including the enforcement of our agreements or policies governing your use of the services; or
- act when we believe, in good faith, that such access or disclosure is necessary to protect the personal safety of Microsoft employees, customers or the public.
You consent to the access and disclosures outlined in this section.
- Transfer of personal information. Personal information collected through the service may be stored and processed in the United States or any other country in which Microsoft or its affiliates, subsidiaries, or agents maintain facilities. By using the service, you consent to any such transfer of information outside of your country. Microsoft abides by the safe harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union. You may read more about transfers of this data in the Privacy Statement.
- Performance and usage data. In order to provide you the service, we may collect certain information about service performance, your computer and your service use. We may automatically upload this information from your computer. This data will not personally identify you.
- Filtering technology. We may use technology or other means to protect the service, protect our customers, or stop you from breaching this contract. Examples include filtering to stop spam and viruses or increase security. These means may hinder your use of the service.
- Your privacy practices. In using the service, you may be able to collect personal information about third parties through your dealings with such third parties. If you do, you agree to (a) post a privacy policy on your Web site that, at a minimum, discloses any and all uses of personal information that you collect from such third parties, (b) provide a hypertext link to your privacy policy on the home page of your Web site and on all pages where you collect personal information from third parties, including on check out pages, and (c) use personal information only as expressly permitted by your privacy policy.
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13. Software
- Use. If you receive software from us as part of the service, your use of that software is under the terms of the license that is presented to you for acceptance for that software. If there is no license presented to you, then we (or, based on where you live, one of our affiliates) grant you the right to use the software only for the use of the service authorized under this contract and only on that number of computers stated in your service offer. We (or, based on where you live, one of our affiliates) reserve all other rights to the software. Unless we notify you otherwise, your right to use the software ends when your right to use the service terminates or expires, and you must promptly uninstall the software. We may disable the software after the date the service ends.
- Update. We may automatically check your version of the software. We may automatically download upgrades to the software to your computer to update, enhance and further develop the service.
- Scope of License. Copyright and other intellectual property laws and treaties protect the software. The software is licensed, not sold. This contract only gives you some rights to use the software. Microsoft reserves all other rights. You will not disassemble, decompile, or reverse engineer any software included in the service, except and only to the extent that the law expressly permits this activity.
- Export Laws. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
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14. Materials that Microsoft Licenses to You
- Media Elements and Templates. You may have access to media images, clip art, animations, sounds, music, shapes, video clips, templates and other forms of downloadable content (“media elements”) associated with the service. If so, you may use the media elements only for personal and non-commercial purposes.
- Documents. You may have access to information on the service such as white papers, knowledge-base articles, datasheets and FAQs ("documents"). You may use the documents only for informational purposes. You may not copy, distribute, modify or make derivative works of the documents. Educational institutions that are officially accredited under local law may download and copy the documents for distribution only in the classroom.
- Limitations. The license grant to use media elements, templates and documents provided with the service does not include a license to the design or layout of the service or any Microsoft owned, operated, licensed or controlled Web site. You should not copy or retransmit any logo, graphic, sound or image from the service, unless Microsoft expressly permits it. Microsoft and its suppliers do not warrant or guarantee that the media elements, templates and documents are accurate and suitable for your purposes. Their inclusion with the service is not an endorsement of them by Microsoft. Nothing available from the service is intended to be professional advice, including but not limited to, investment, tax or legal advice.
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15. Windows Live™ ID
We may provide you with Windows Live ID credentials to use with the service. Windows Live ID is a multi-purpose authentication Web service that makes it easy for you to sign in to Web sites. You may not use any software or hardware that reduces the number of users directly accessing or using Windows Live ID (sometimes called "multiplexing" or "pooling" software or hardware). This contract applies to you whenever you access or use Windows Live ID credentials. When you use Windows Live ID to gain access to any site or service, the terms and conditions for that site or service may also apply to you. Please refer to the terms of use for each site or service that you visit.
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16. Your Dealings with Others
If you obtain anything from a third party (including third party offered services) through the service, you understand that your relationship with respect to those things is with the third party directly and not with Microsoft. In the event you assert a claim that relates to or implicates your relationship with a third party, you shall only assert such claim against the third party, and you will not assert any such claim against Microsoft, even if Microsoft assisted in billing for the third party offering. You are solely responsible for your dealings with any third party, including
- delivery of and payment for goods and services,
- processing and verifying orders, payments and other transactions,
- customer support related to orders or transactions (e.g., lost orders, billing disputes, payments, etc.),
- determining, collecting and remitting to the appropriate authority all taxes (if any) arising from or related to such orders or transactions, and
- the purchase and use by you and your associated accounts of any third party products and services.
You represent and warrant that
- the products and services you advertise, sell and distribute are legal for sale and distribution and do not violate this contract,
- you have all licenses necessary to sell, distribute and advertise the goods and services you offer,
- all sales and advertisements will comply with applicable law, and
- you will comply with all applicable laws and regulations (including privacy laws and regulations that relate to your collection of information from third parties).
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17. Feedback
If you give feedback about the service to Microsoft, you give to Microsoft, without charge, the right to use, share and commercialize your feedback in any way and for any purpose. You also give to third parties, without charge, any patent rights needed for their products, technologies and services to use or interface with any specific parts of a Microsoft software or service that includes the feedback. You will not give feedback that is subject to a license that requires Microsoft to license its software or documentation to third parties because we include your feedback in them. These rights survive this contract.
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18. Our Notices to You; Your Notices to Us
This contract is in electronic form. We have the right to send you information about the services in electronic form. There may be information about the services that the law requires us to send to you. We may send this information to you in electronic form.
We may provide required information to you
- by e-mail at the e-mail address you specified when you signed up for the service, or
- in home when we first send you an e-mail notice alerting you to the notice in home.
Notices will be deemed given and received on the transmission date of the e-mail. As long as you can access and use the service, you have the necessary software and hardware to receive these notices. If you do not consent to receive notices electronically, you must cancel the service.
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19. No Warranty
Microsoft makes no guarantee about the reliability, accuracy or timeliness of the service or the results obtained from the service. You understand that the security mechanisms in the service have inherent limitations and that you are responsible for determining that the service meets your needs.
We provide the service “as-is,” “with all faults” and “as available.” You bear the risk of using it. To the maximum extent permitted by law, the Microsoft parties give no express warranties, guarantees or conditions. You may have additional rights under your local laws that this contract cannot change. To the extent permitted by law, we exclude any implied warranties or conditions including those of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement and satisfactory quality.
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20. Liability Limitation
Microsoft will not be liable to you for any damages related to the services, including direct, consequential, lost profits, special, indirect or incidental damages, to the maximum extent the law permits.
This limitation applies to anything related to:
- the service,
- content (including code) on third party Internet sites, third party programs or third party conduct,
- viruses or other disabling features that affect your access to or use of the service,
- incompatibility between the service and other services, software and hardware,
- delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the service in an accurate or timely manner, and
- claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort.
It also applies even if
- this remedy does not fully compensate you for any losses, or fails of its essential purpose, or
- Microsoft knew or should have known about the possibility of the damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. They also may not apply to you because your province or country may not allow the exclusion or limitation of incidental, consequential or other damages.
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21. Microsoft Company, Applicable Law and Place for Resolving Disputes
This contract is between you and the Microsoft company for your country or region. In the table below, select the country or region where you live (if you are signing up for the service as an individual person) or where your business is located (if you are signing up for the service for your business). Next to it you will find the Microsoft company that is contracting with you and the choice of law and the location for resolving disputes with the Microsoft company.
Country or region where you live or your business is headquartered |
Microsoft company with which you are contracting |
Applicable law and place for resolving disputes |
North and South America region
Argentina
Barbados
Belize
Bolivia
Brazil
Canada
Chile
Columbia
Costa Rica
Dominica
Dominican Republic
Ecuador
El Salvador
Grenada
Guatemala
Honduras
Mexico
Nicaragua
Panama
Paraguay
Peru
Puerto Rico
United States
Uruguay
Venezuela
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Microsoft Corporation
One Microsoft Way
Redmond, WA 98052
United States
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Washington state law governs the interpretation of this contract and applies 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 your state of residence in the United States, or if you live outside the United States, the laws of the country to which we direct your service. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, USA for all disputes arising out of or relating to this contract.
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Country or region where you live or your business is headquartered |
Microsoft corporate entity with which you are contracting |
Governing law and place for resolving disputes |
Europe, Middle East and Africa
Algeria
Austria
Bahrain
Belgium
Bulgaria
Croatia
Czech Republic
Denmark
Egypt
Estonia
Finland
France
Germany
Greece
Hungary
Iraq
Ireland
Israel
Italy
Jordan
Kazakhstan
Kuwait
Latvia
Lebanon
Lithuania
Luxembourg
Republic of Montenegro
Morocco
Netherlands
Norway
Oman
Poland
Portugal
Qatar
Romania
Russia
Saudi Arabia
Republic of Serbia
Slovakia
Slovenia
South Africa
Spain
Switzerland
Sweden
Tunisia
Turkey
Ukraine
United Arab Emirates
United Kingdom
Yemen
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Microsoft Luxembourg S.à.r.l.
20 Rue Eugene Ruppert
Immeuble Laccolith, 1st Floor
Luxembourg 2543
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The laws of Luxembourg govern the interpretation of this contract 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 the laws of the country to which we direct your service. 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 contract.
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Country or region where you live or your business is headquartered |
Microsoft corporate entity with which you are contracting |
Governing law and place for resolving disputes |
Japan
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Microsoft Company Ltd (MSKK)
Odakyu Southern Tower, 2-2-1 Yoyogi, Shibuya-ku,
Tokyo 151-8583
Japan
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The laws of Japan govern this contract and any matters arising out of or relating to this contract. You and we irrevocably agree that exclusive original jurisdiction and venue will lie in the Tokyo District Court.
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Country or region where you live or your business is headquartered |
Microsoft corporate entity with which you are contracting |
Governing law and place for resolving disputes |
Australia
Hong Kong (SAR)
Indonesia
Malaysia
New Zealand
Philippines
Singapore
Thailand
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Microsoft Operations, Pte Ltd
1 Marina Boulevard
#22-01 One Marina Blvd
Singapore 01898
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The laws of Singapore govern this contract. Any dispute arising out of or in connection with this agreement, including any question regarding its existence, validity or termination shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Center, which rules are deemed to be incorporated by reference into this clause. The Tribunal shall consist of one arbitrator to be appointed by the Chairman of SIAC. The language of arbitration shall be English. The decision of the arbitrator shall be final, binding and incontestable and may be used as a basis for judgment thereon in any country or region.
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Country or region where you live or your business is headquartered |
Microsoft corporate entity with which you are contracting |
Governing law and place for resolving disputes |
India
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Microsoft Regional Sales Corporation,
A corporation organized under the laws of the State of Nevada, USA, with a branch in Singapore, having its principal place of business at
438B Alexandra Road, #04-09/12, Block B, Alexandra Technopark
Singapore, 119968
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Washington state law governs this contract, 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 shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Center, which rules are deemed to be incorporated by reference into this clause. The Tribunal shall consist of one arbitrator to be appointed by the Chairman of SIAC. The language of arbitration shall be English. The decision of the arbitrator shall be final, binding and incontestable and may be used as a basis for judgment thereon in any country or region.
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Country or region where you live or your business is headquartered |
Microsoft corporate entity with which you are contracting |
Governing law and place for resolving disputes |
People’s Republic of China
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Microsoft Corporation
One Microsoft Way
Redmond, WA 98052
United States
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Washington state law governs this contract, regardless of conflict of laws principles. The jurisdiction of the state or federal courts of King County, Washington, United States is non-exclusive.
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Country or region where you live or your business is headquartered |
Microsoft corporate entity with which you are contracting |
Governing law and place for resolving disputes |
Republic of Korea
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Microsoft Korea, Inc.
POSCO Bldg
8th Floor
892 Daechi 4-Dong
Kangnam-Gu
Seoul, Korea 135-777
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The laws of the Republic of Korea govern this contract. You and we irrevocably agree to exclusive original jurisdiction and venue in the Seoul District Court.
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Country or region where you live or your business is headquartered |
Microsoft corporate entity with which you are contracting |
Governing law and place for resolving disputes |
Taiwan
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Microsoft Taiwan Corporation
8F, No 7 Sungren Road
Shinyi Chiu, Taipei
Taiwan 110
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The laws of Taiwan govern this contract. You and we irrevocably designate the Taipei District Court as the court of first instance having jurisdiction over any disputes arising out of or in connection with this contract.
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22. Contract Interpretation
All parts of this contract apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then that part will be replaced with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This contract, together with any codes of conduct and other notices we provide, is the entire contract between Microsoft and you regarding the service. It supersedes any other contract or statements related to the service. If you have confidentiality obligations related to the service, those obligations remain in force (for example, you may have been a tester for a pre-release version of a service). The section titles in the contract do not limit the other terms of this contract.
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23. Assignment
Microsoft may assign this contract, in whole or part, at any time without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt to do so is void. Instead, you may cancel your service. The other party may then establish a service account and enter into a contract with us.
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24. Force Majeure
Microsoft will not be liable for any loss or damage or be deemed to be in breach of this contract due to any event or circumstance beyond its reasonable control, including, war, invasion, electrical shortages, terrorist attacks, earthquakes or acts of God.
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25. Notices
Copyright Notice
All contents of the service are Copyright © 2008 Microsoft Corporation and/or its suppliers, One Microsoft Way, Redmond, Washington 98052-6399 U.S.A. All rights reserved.
Respect Copyright
Please respect the rights of artists and creators. Content such as music, photos and video may be protected by copyright. People appearing in content may have a right to control use of their image. You may not share other people’s content unless you own the rights, have permission from the owner, or such sharing is otherwise legal.
Trademark Notice
Microsoft is a registered trademark of Microsoft Corporation. Trademark information is available at http://www.microsoft.com/about/legal/intellectualproperty/trademarks/default.mspx. Any rights not expressly granted are reserved.
Notices and Procedures for Making Claims of Copyright Infringement
Under Title 17, United States Code, Section 512 (c ) (2), notifications of claimed copyright infringement should be sent to our Designated Agent. All inquiries not relevant to the following procedure will not receive a response. See Notice and Procedure for Making Claims of Copyright Infringement. See Notice and Procedure for Making Claims of Copyright Infringement at http://www.microsoft.com/info/cpyrtInfrg.htm.
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