This document contains individual license terms for the Microsoft software products, Sample Applications and other applications listed below: I. Microsoft Windows 8 Consumer Preview II. Sample Applications for Windows 8 Consumer Preview III. Mail, Messaging, Photos, People, Calendar, Weather, Finance, Maps and Microsoft SkyDrive Applications for Windows 8 Consumer Preview I. MICROSOFT PRE-RELEASE SOFTWARE LICENSE TERMS MICROSOFT WINDOWS 8 CONSUMER PREVIEW These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the pre-release software named above, which includes the media on which you received it, if any. Printed-paper license terms, which may come with the software, may replace or modify any on-screen license terms. The terms also apply to any Microsoft updates, supplements, Internet-based services, and support services for this software, unless other terms accompany those items. If so, those terms apply. By using the software, you accept these terms. If you do not accept them, do not use the software. As described below, the software will automatically activate. Using the software also operates as your consent to the transmission of certain computer information during activation and for Internet-based services. If you comply with these license terms, you have the rights below for each license you acquire. 1. INSTALLATION AND USE RIGHTS. a. Software License. You may install and test any number of copies of the software on your premises. You may not test the software in a live operating environment unless Microsoft permits you to do so under another agreement. b. Term. The term of this agreement will expire on 01/15/2013 ("the expiration date"). You have no right to use the software after the expiration date. Starting from the expiration date, you may not be able to access any unsaved data used with the software. Any applications you receive through the Windows Store will also cease to be available to you in future versions, unless they are made available for re-download and you re-acquire them.You may not receive any other notice. c. Product Key. The software may require a key to install or access it. If it does, you are responsible for the use of keys assigned to you. You should not share the keys with third parties. 2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS. a. Font Components. While the software is running, you may use its fonts to display and print content. You may only · embed fonts in content as permitted by the embedding restrictions in the fonts; and · temporarily download them to a printer or other output device to print content. b. Icons, images and sounds. While the software is running, you may use but not share its icons, images, sounds, and media. The sample images, sounds and media provided with the software are for your non-commercial use only. c. Client Hyper-V. You may use the Client Hyper-V technology in the software to create a virtual instance, if the software you are virtualizing permits you to do that. d. Use with Virtualization Technologies. Instead of using the software directly on a computer, you may install and use the software (including a virtual instance made using the Client Hyper-V technology in the software) within a virtual (or otherwise emulated) hardware system, but the same license rights apply to the virtual instance. If you use the software in a virtualized environment, content protected by digital rights management technology or any full volume disk drive encryption technology may not be as secure as protected content not in a virtualized environment. You should comply with all domestic and international laws that apply to such protected content. e. Media Center Extender. You may have five Media Center Extender Sessions (or other software or devices which provide similar functionality for a similar purpose) running at the same time to display the software user interface or content on other displays or devices. f. Electronic Programming Guide. If the software includes access to an electronic programming guide service that displays customized television listings, a separate service agreement applies to the service. If you do not agree to the terms of the service agreement, you may continue to use the software, but you will not be able to use the electronic programming guide service. The service may contain advertising content and related data, which are received and stored by the software. The service is not available in all areas. Please consult the software information for instructions on accessing the service agreement. g. Related Media Information. If you request related media information as part of your playback experience, the data provided to you may not be in your local language. Some countries or regions have laws and regulations which may restrict or limit your ability to access certain types of content. h. Worldwide Use of the Media Center. Media Center is not designed for use in every country. For example, although the Media Center information may refer to certain features such as an electronic programming guide or provide information on how to configure a TV tuner, these features may not work in your area. Please refer to the Media Center information for a list of features that may not work in your area. 3. MANDATORY ACTIVATION. The purpose of activation is to prevent unlicensed use of the software. Activation occurs automatically the first time you use the software if the licensed computer is connected to the Internet. If you cannot activate the software when you first use it, the software will periodically remind you to activate it. You may not bypass or circumvent activation. a. How it Works. Activation associates the use of the software with a specific computer, and verifies that the software has been properly licensed and contains no unauthorized changes to the licensing or activation functions of the software. The software will notify you whether the installed copy of the software is properly licensed. During activation, the software will send information about the software and your computer to Microsoft. This information includes the version, language and product key of the software, the Internet protocol address of the computer, and information derived from the hardware configuration of the computer. For more information about activation, see go.microsoft.com/fwlink/?LinkID=190175. Microsoft does not use the information to identify or contact you. If the licensed computer is connected to the Internet, the software will automatically connect to Microsoft for activation. b. Re-activation. Changes to your computer components or the software may require re-activation of the software. The same information that is sent to Microsoft during activation may also be sent during re-activation. c. Activation Failure. The software will notify you if the installed copy of the software is improperly licensed or includes unauthorized changes. In addition, you may receive reminders to obtain a properly licensed copy of the software. If that happens, you may not be able to obtain certain updates or upgrades from Microsoft. d. Updates and Upgrades. You may only obtain updates or upgrades for the software from Microsoft or authorized sources. For more information on obtaining updates from authorized sources see go.microsoft.com/fwlink/?Linkid=104612. e. Customization. Some of the information collected during activation is sent to Microsoft after activation to provide customized services to you. For example, services such as the Windows Error Reporting and the Windows Store send some of this information in order to provide services customized for the type of computer hardware that is running this software. For more information, see go.microsoft.com/fwlink/?LinkID=190175. 4. POTENTIALLY UNWANTED SOFTWARE. If turned on, Windows Defender will search your computer for "spyware," "adware" and other potentially unwanted software. If it finds potentially unwanted software, the software will ask you if you want to ignore, disable (quarantine) or remove it. Any potentially unwanted software rated "high" or "severe," will automatically be removed after scanning. Removing or disabling potentially unwanted software may result in · other software on your computer ceasing to work, or · your breaching a license to use other software on your computer. By using this software, it is possible that you will also remove or disable software that is not potentially unwanted software. 5. INTERNET-BASED SERVICES AND COMPONENTS. Microsoft provides Internet-based services and components with the software. Some of those services and components may be delivered at a later date via Windows Update--if, for example, you acquire an application that relies on one of those services or components. a. Consent for Internet-Based Services. Because this software is a pre-release version, we have turned on some Internet-based features by default to obtain feedback about them. The software features described below and in the Windows Privacy Statement connect to Microsoft or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. In some cases, you may switch off these features or not use them. For more information about these features, see the Windows Privacy Statement at go.microsoft.com/fwlink/?linkid=190175. By using these features, you consent to the transmission of this information. Microsoft does not use the information to identify or contact you. Computer Information. The following features use Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the computer where you installed the software. Microsoft uses this information to make the Internet-based services available to you. · Plug and Play and Plug and Play Extensions. You may connect new hardware to your computer, either directly or over a network. Your computer may not have the drivers needed to communicate with that hardware. If so, the update feature of the software can obtain the correct driver from Microsoft and install it on your computer. An administrator can disable this update feature. · Windows Update. To enable the proper functioning of the Windows Update service in the software (if you use it), updates or downloads to the Windows Update service will be required from time to time and downloaded and installed without further notice to you. · Web Content Features. Features in the software can retrieve related content from Microsoft and provide it to you. Examples of these features are clip art, templates, online training, online help and Appshelp. You may choose not to use these web content features. · Digital Certificates. The software uses digital certificates. These digital certificates confirm the identity of Internet users sending X.509 standard encrypted information. They also can be used to digitally sign files and macros, to verify the integrity and origin of the file contents. The software retrieves certificates and updates certificate revocation lists over the Internet, when available. · Auto Root Update. The Auto Root Update feature updates the list of trusted certificate authorities. You can switch off the Auto Root Update feature. · Windows Digital Rights Management Technology. Content owners use digital rights management technology, including Windows Media Digital Rights Management (WMDRM), to protect their intellectual property, including copyrights. This software and third party software use this technology to play and copy protected content. If the software fails to protect the content, content owners may ask Microsoft to revoke the software’s ability to use protection technology to play or copy protected content. Revocation does not affect other content. When you download licenses for protected content, you agree that Microsoft may include a revocation list with the licenses. Content owners may require you to upgrade Windows DRM technology to access their content. Microsoft software that includes DRM will ask for your consent prior to the upgrade. If you decline an upgrade, you will not be able to access content that requires the upgrade. You may choose not to use applications that make use of DRM features that access the Internet. When these features are off, you can still play content for which you have a valid license. · Windows Media Player. When you use Windows Media Player, it checks with Microsoft for · compatible online music services in your region; and · new versions of the player. For more information, go to go.microsoft.com/fwlink/?Linkid=104605. · Feedback Features. The Customer Experience Improvement Program automatically sends to Microsoft anonymous information about your hardware and how you use this software. Windows Error Reporting automatically sends reports to Microsoft that describe which software components had errors. These reports may include memory dumps. From time-to-time, we will also download a small file to your computer that permits us to collect information about specific errors you have while using the software. The data collected by these features helps us improve our software. · Malicious Software Removal. If you select "Get important updates" during setup, or afterwards, the software may check and remove certain malware from your computer. "Malware" is malicious software. If the software runs, it will remove the Malware listed and updated at The Microsoft Windows Malicious Software Removal Tool helps remove specific, prevalent malicious software from computers that are running Windows 7, Windows Vista, Windows Server 2003, Windows Server 2008, or Windows XP. During a Malware check, a report will be sent to Microsoft with specific information about Malware detected, errors, and other information about your computer. This information is used to improve the software and other Microsoft products and services. No information included in these reports will be used to identify or contact you. You may disable the software’s reporting functionality by following the instructions found at The Microsoft Windows Malicious Software Removal Tool helps remove specific, prevalent malicious software from computers that are running Windows 7, Windows Vista, Windows Server 2003, Windows Server 2008, or Windows XP. For more information, read the Windows Malicious Software Removal Tool privacy statement at go.microsoft.com/fwlink/?LinkId=113995. · Network Awareness. This feature determines whether a system is connected to a network by either passive monitoring of network traffic or active DNS or HTTP queries. The query only transfers standard TCP/IP or DNS information for routing purposes. You can switch off the active query feature through a registry setting. · Windows Time Service. This service synchronizes with time.windows.com once a week to provide your computer with the correct time. You can turn this feature off or choose your preferred time source within the Date and Time Control Panel applet. The connection uses standard NTP protocol. · IPv6 Network Address Translation (NAT) Traversal service (Teredo). Each time you start your computer, Teredo will attempt to locate a public Internet Protocol version 6 (IPv6) service on the Internet. This occurs automatically when your computer is connected to a public or private network, but does not occur on managed networks such as enterprise domains. If you use a program that requires Teredo to use IPv6 connectivity, or if you configure your firewall to always enable IPv6 connectivity, then Teredo will periodically contact the Microsoft Teredo service over the Internet. The only information sent to Microsoft is standard computer information and the name of the service requested (for example teredo.ipv6.microsoft.com). The information sent from your computer by Teredo is used to determine if your computer is connected to the Internet and if it can locate a public IPv6 service. Once the service is located, information is sent to maintain a connection with the IPv6 service. · Accelerators. When you click on or move your mouse over an Accelerator in Internet Explorer, any of the following may be sent to the service provider: · the title and full web address or URL of the current webpage, · standard computer information, and · any content you have selected. If you use an Accelerator provided by Microsoft, use of the information sent is subject to the Microsoft Online Privacy Statement. This statement is available at go.microsoft.com/fwlink/?linkid=31493. If you use an Accelerator provided by a third party, use of the information sent will be subject to the third party’s privacy practices. · Search Provider Update. The software will download an update to the data on your computer about search providers. This update upgrades your providers with the latest features, such as new icons or search suggestions. This is a one-time update, but the software will try to perform the update several times if it does not successfully download the update. For more information, see go.microsoft.com/fwlink/?LinkId=235890. · Link Sharing: To make links you share from Internet Explorer with the share charm more useful, the software may contact a Microsoft service to obtain extra information such as thumbnail images, a title and description of the page. For more information, including how to turn this off, see go.microsoft.com/fwlink/?LinkId=235890. · List of Popular Web Addresses: To make it easier to type website addresses in the address bar, Internet Explorer will periodically download a list of popular websites to provide suggestions as you type. For more information, including how to turn this off, see go.microsoft.com/fwlink/?LinkId=235890. · Windows Store. In addition to the terms of this agreement for Internet based services, use of the Windows Store is governed by the terms available at go.microsoft.com/fwlink/?LinkId=234305. · Windows Notifications. Some apps may use the Windows Notification Service (WNS), which delivers periodic or real-time information and downloads images that will be displayed as Notifications or updates within the app’s tile. Some web pages that you pin to Start may also use WNS to update the web page’s tile. You may turn off Notifications at any time. To learn how, see the Windows Privacy Statement at go.microsoft.com/fwlink/?linkid=190175. · Consent to Update Infrared Emitter/Receiver. The software may contain technology to ensure proper functioning of the infrared emitter/receiver device shipped with certain Media Center-based products. You agree that the software may update the firmware of this device. · Media Center Online Promotions. If you use Media Center to access certain promotional offers, the software may contact Microsoft to facilitate that access or use. b. Use of Information. Microsoft may use the computer information, accelerator information, feedback features, and Malware reports to improve our software and services. We may also share it with others, such as hardware and software vendors. They may use the information to improve how their products run with Microsoft software. c. Misuse of Internet-based Services. You may not use these services in any way that could harm them or impair anyone else’s use of them. You may not use the services to try to gain unauthorized access to any service, data, account or network by any means. 6. PRE-RELEASE SOFTWARE. This software is a pre-release version. It may not work the way a final version of the software will. We may change it for the final, commercial version. We also may not release a commercial version. 7. FEEDBACK. If you give feedback about the software 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 agreement. 8. CONFIDENTIAL INFORMATION. The software, including its user interface, features and documentation, is confidential and proprietary to Microsoft and its suppliers. a. Use. For two years after installation of the software or its commercial release, whichever is first, you may not disclose confidential information to third parties. You may disclose confidential information to third parties only if you obtain prior written consent from Microsoft’s legal department. You may contact them at oseula@microsoft.com. You may disclose confidential information only to your employees and consultants who need to know the information. You must have written agreements with them that protect the confidential information at least as much as this agreement. b. Survival. Your duty to protect confidential information survives this agreement. c. Exclusions. You may disclose confidential information in response to a judicial or governmental order. You must first give written notice to Microsoft to allow it to seek a protective order or otherwise protect the information. Confidential information does not include information that becomes publicly known through no wrongful act; you received from a third party who did not breach confidentiality obligations to Microsoft or its suppliers; or you developed independently. 9. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the features included in the software edition you licensed. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not · disclose the results of any benchmark tests of the software to any third party without Microsoft’s prior written approval; · work around any technical limitations in the software; · reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation; · use components of the software to run applications not running on the software; · make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation; · publish the software for others to copy; · rent, lease or lend the software; · transfer the software or this agreement to any third party; or · use the software for commercial software hosting services. 10. Notice About the H.264/AVC Visual Standard, the VC-1 Video Standard, the MPEG-4 Visual Standard and the mpeg-2 video standard. This software may include H.264/AVC, VC-1, and MPEG-4 Part 2, and MPEG-2 visual compression technology. MPEG LA, L.L.C. requires this notice: THIS PRODUCT IS LICENSED UNDER THE AVC, THE VC-1, THE MPEG-4 PART 2 VISUAL, AND THE MPEG-S VIDEO PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO ENCODE VIDEO IN COMPLIANCE WITH THE ABOVE STANDARDS ("VIDEO STANDARDS") AND/OR (ii) DECODE AVC, VC-1, MPEG-4 PART 2 AND MPEG-2 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERICAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE MPEG LA - The Standard for Standards. 11. EXPORT RESTRICTIONS. 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 Exporting Microsoft Products. 12. SUPPORT SERVICES. Because this software is "as is," Microsoft may not provide support services for it. 13. ENTIRE AGREEMENT. This agreement, additional terms (including any printed-paper license terms that accompany the software and may modify or replace some or all of these terms), and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services. 14. APPLICABLE LAW. a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. b. Outside the United States. If you acquired the software in any other country, the laws of that country apply. 15. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so. 16. Disclaimer of Warranty. The software is licensed "as-is". You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement. 17. Limitation on and Exclusion of Remedies and Damages. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This limitation applies to · anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and · claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages. II. SAMPLE APPLICATION LICENSE TERMS These license terms are an agreement between Microsoft and you. Please read them. They apply to the sample applications ("apps") that may come preinstalled with the Windows 8 Consumer Preview. This agreement also applies to any updates and supplements for the apps, unless other terms accompany those items. If so, those terms apply. BY CLICKING "I ACCEPT" BELOW OR BY USING THE APPS, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT CLICK "I ACCEPT" AND DO NOT USE THE APPS. If the apps enable access to any Internet-based services, your use of those services will be subject to separately-provided terms of use. If you comply with these license terms, you have the rights below. 1. USE RIGHTS; EXPIRATION. You may use the apps only on your licensed copy of Windows 8 Consumer Preview and only for testing purposes. These rights expire when your license to Windows 8 Consumer Preview expires. Microsoft may remove an app from your devices at any time, for any reason. For example, this may be done to respond to legal or contractual requirements or security concerns. 2. INTERNET-BASED SERVICES. a. Consent for Internet-Based or Wireless Services. The apps connect to computer systems over an Internet-based or wireless network. Using the apps operates as your consent to the transmission of standard device information (including but not limited to technical information about your device, system and application software, and peripherals) for internet-based or wireless services. b. Misuse of Internet-based Services. You may not use any Internet-based service in any way that could harm it or impair anyone else’s use of it or the network. You may not use the service to try to gain unauthorized access to any service, data, account or network by any means. 3. SCOPE OF LICENSE. The apps are licensed, not sold. This agreement only gives you some rights to use the apps. Microsoft reserves all other rights not expressly granted under this agreement, whether by implication, estoppel or otherwise. Unless applicable law gives you more rights despite this limitation, you may use the apps only as expressly permitted in this agreement. You may not a. work around any technical limitations in the apps; b. reverse engineer, decompile or disassemble the apps, except and only to the extent that applicable law expressly permits, despite this limitation; c. make more copies of the apps than specified in this agreement or allowed by applicable law, despite this limitation; d. publish or otherwise make the apps available for others to copy; or e. rent, lease or lend the apps. 4. DOCUMENTATION. If documentation is provided with the apps, you may copy and use the documentation for personal reference purposes. 5. TECHNOLOGY AND EXPORT RESTRICTIONS. The apps may be subject to United States or international technology control or export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the technology used, employed or supported by the app. These laws include restrictions on destinations, end users and end use. For information on Microsoft branded products, see Exporting Microsoft Products. 6. SUPPORT SERVICES.Because the software is "as is," Microsoft may not provide support services for it. 7. ENTIRE AGREEMENT. This agreement, and the terms for supplements and updates are the entire agreement between you and Microsoft for the apps. 8. APPLICABLE LAW. a. United States. If you acquired the apps in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. b. Outside the United States. If you acquired the apps in any other country, the laws of that country apply. 9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so. 10. DISCLAIMER OF WARRANTY. THE APPS ARE LICENSED "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE." YOU BEAR THE RISK OF USING THEM. MICROSOFT, ON BEHALF OF ITSELF AND EACH OF ITS AFFILIATES, VENDORS, AGENTS AND SUPPLIERS, GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS IN RELATION TO THE APPS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, YOU CAN RECOVER FROM MICROSOFT ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE APPS OR $1.00, WHICHEVER IS GREATER. YOU AGREE NOT TO SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES. This limitation applies to a. anything related to the apps, services made available through the apps, or content (including code) on third party Internet sites; and b. claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if a. repair, replacement or a refund for the apps does not fully compensate you for any losses; or b. Microsoft knew or should have known about the possibility of the damages. 12. SAMPLE APPLICATION CAPABILITIES The apps may automatically be granted access to certain data and hardware on your system. The system access granted to these apps may include: · Your Internet connection, which may include incoming connections from the Internet; · Your home or work network connection; · Your pictures, videos, music, and/or documents libraries, including the capability to add, change, or delete files; · Removable storage; · Your Windows credentials, to access a corporate network; and · Software and hardware certificates or a smart card, used to identify you in the app. By accepting this license agreement and using the apps, you consent to their use of any or all of these capabilities. You can view which capabilities an app uses in the "Control system access" section of the app’s Settings. You may also uninstall any of the apps at any time. Additionally, some apps may request access to: · Your webcam; · Your microphone; · Your location; or · SMS messaging. For each of these capabilities, you will be prompted to grant access to the app the first time you run it, and can disable the use of any of these capabilities at any time in the app’s Settings. Some apps may also use the Windows Notification Service (WNS) which delivers periodic or real-time information that will be displayed as Notifications or updates within the app’s tiles. More information about Notifications and the apps is included in the Windows 8 Consumer Preview Privacy Statement athttp://go.microsoft.com/fwlink/?LinkID=190175. For additional privacy information about Xbox and other apps, see the Microsoft Online Privacy Statement at Microsoft Online Privacy Notice Highlights. 13. THIRD PARTY NOTICES. The software may include third party code that Microsoft, not the third party, licenses to you under this agreement. Notices, if any, for the third party code are included for your information only. III. LICENSE TERMS FOR Mail, Messaging, Photos, People, Calendar, WEATHER, FINANCE, MAPS and Microsoft SkyDrive Applications Microsoft Service Agreement Please read this agreement carefully. It's a contract that governs your use of the following applications when preinstalled: Mail, Messaging, Photos, People, Calendar, Bing and Microsoft SkyDrive (the "service"). 1. What the contract covers This is a contract between you and the Microsoft company listed in Section 13 ("Microsoft," "we," "us," or "our") for use of the service that Microsoft supplies. Sections 1–13 apply across the service. Sections 14 and 15 apply only if the service involves payments to or from Microsoft. Sections 16–20 apply only if you use the software or services identified in those sections. Some of these services may not be fully available in your country or region. Please note that we don't provide additional warranties for the service. This contract also limits our liability to you. See Sections 9 and 10 for details. 2. Using the service When using the service, you must comply with this contract, all applicable laws and the Microsoft Anti-Spam Policy (http://go.microsoft.com/fwlink/?LinkId=117951). As applicable, you must also obey the code of conduct (Code of conduct). You must not use the service to harm others or the service. For example, you must not use the service to harm, threaten, or harass another person, organization, or Microsoft. You must not: damage, disable, overburden, or impair the service (or any network connected to the service); resell or redistribute the service or any part of it; use any unauthorized means to modify, reroute, or gain access to the service or attempt to carry out these activities; or use any automated process or service (such as a bot, a spider, periodic caching of information stored by Microsoft, or metasearching) to access or use the service. You may be able to access third-party websites or services via the service; you acknowledge that we are not responsible for such websites or services or content that may be available there. 3. Windows Live ID (also referred to as "Microsoft account") We may provide you with credentials on our Windows Live ID authentication network to use with the service. You're solely responsible for your dealings with third parties (including advertisers) who use the network, including as to the delivery of and payment for goods. This contract applies whenever you use Windows Live ID. When you use Windows Live ID to gain access to any website, the terms and conditions for that website, if different from this contract, may also apply to your use of that website. 4. Your service account, associated accounts, and accounts from third parties Only you may use your service account. You must keep your accounts and passwords confidential and not authorize any third party to access or use the service on your behalf, unless we provide an approved mechanism for that. You must contact us right away if you suspect misuse of your accounts or any security breach in the service. For some parts of the service, you may be able to set up additional accounts that are dependent on your account ("associated accounts"). You're responsible for all activity that takes place with your service account and any associated accounts. If you use an associated account, you acknowledge that the holder of the service account has full control over your associated account. If a third party such as an Internet service provider, employer, or school gave you your account, that party has rights to your account and may: manage your account, reset your password, or suspend or cancel your account; view your account's usage and profile data, including how and when your account is used; and read or store content in your account, including electronic communications, contact lists, and other information. If you use Windows Live Family Safety software to monitor accounts on your computer, you represent and warrant that you are authorized to accept this contract on behalf of the individuals using those accounts. 5. Your content Except for material that we license to you, we don't claim ownership of the content you provide on the service. Your content remains your content. We also don't control, verify, or endorse the content that you and others make available on the service. You control who may access your content. If you share content in public areas of the service or in shared areas available to others you've chosen, then you agree that anyone you've shared content with may use that content. When you give others access to your content on the service, you grant them free, nonexclusive permission to use, reproduce, distribute, display, transmit, and communicate to the public the content solely in connection with the service and other products and services made available by Microsoft. If you don't want others to have those rights, don't use the service to share your content. You understand that Microsoft may need, and you hereby grant Microsoft the right, to use, modify, adapt, reproduce, distribute, and display content posted on the service solely to the extent necessary to provide the service. Please respect the rights of artists, inventors, and creators. Content may be protected by copyright. People appearing in content may have a right to control the use of their image. If you share content on the service in a way that infringes others' copyrights, other intellectual property rights, or privacy rights, you're breaching this contract. You represent and warrant that you have all the rights necessary for you to grant the rights in this section and the use of the content doesn't violate any law. We won't pay you for your content. We may refuse to publish your content for any or no reason. We may remove your content from the service at any time if you breach this contract or if we cancel or suspend the service. You're responsible for backing up the data that you store on the service. If your service is suspended or canceled, we may permanently delete your data from our servers. We have no obligation to return data to you after the service is suspended or canceled. If data is stored with an expiration date, we may also delete the data as of that date. Data that is deleted may be irretrievable. 6. Privacy In order to operate and provide the service, we collect certain information about you. As part of the service, we may also automatically upload information about your computer, your use of the service, and service performance. We use and protect that information as described in the Microsoft Online Privacy Statement (Microsoft Online Privacy Notice Highlights). In particular, we may access or disclose information about you, including the content of your communications, in order to: (a) 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 service; or act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Microsoft employees, customers, or the public. The service is a private computer network that Microsoft operates for the benefit of itself and its customers. Microsoft retains the right to block or otherwise prevent delivery of any type of email or other communication to or from the service as part of our efforts to protect the service, protect our customers, or stop you from breaching this contract. The technology or other means we use may hinder or break your use of the service. You agree the Bing applications contain functionality that enables you to use location services. If you decide to allow the application to use location services, you acknowledge and allow Microsoft to collect, store, and use your location data through Microsoft services to improve the quality of your Microsoft experience. For more information on how Microsoft uses your location data, see the Microsoft Online Privacy Statement. 7. Software If you receive software from us as part of the service, its use is governed in one of two ways: If you're presented with license terms that you must accept in order to use the software, those terms apply; if no license is presented to you, the terms of this contract apply. We reserve all other rights to the software. You may use the software only on your licensed copy of Windows 8 Consumer Preview and only for testing purposes. These rights expire when your license to Windows 8 Consumer Preview expires. Microsoft may remove an app from your devices at any time, for any reason. For example, this may be done to respond to legal or contractual requirements or security concerns. We may automatically check your version of the software. We may also automatically download to your computer upgrades to the software to update, enhance, and further develop the service. Any software we provide is licensed, not sold. Unless we notify you otherwise, the software license ends when your service ends. You must then uninstall the software, or we may disable it. You must not work around any technical limitations in the software. You must not disassemble, decompile, or reverse engineer any software that's included in the service, except and only to the extent that the applicable copyright law expressly permits doing so. The software is subject to applicable U.S. 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. Without limitation, you may not transfer the software or service without U.S. government permission to anyone on U.S. government exclusion lists (see the Commerce Department's Lists to Check); the governments of Iran, Sudan, or Cuba; or prohibited members of the Cuban Communist Party. You represent and warrant that you're not on any of those lists or under the control of or an agent for anyone on those lists or the entities listed above. For more information, see the Exporting Microsoft Products website (Exporting Microsoft Products). For software that requires supplements to Microsoft Windows software, such as Windows Imaging Component, you may use a copy of the supplement with each validly licensed copy of the software identified for use with it. If you don't have a license for the Windows software, you may not use the supplement. The Windows software license terms apply to your use of the supplement. If you use the software to access content that has been protected with Microsoft Digital Rights Management (DRM), the software may automatically request media usage rights from an online rights server and download and install DRM updates in order to let you play the content. For more information, see the DRM information in the Microsoft Silverlight Privacy Statement (Silverlight Installation Privacy | Microsoft Silverlight). You may display and print content in the fonts installed by the service, but you may not make unauthorized copies of the fonts. 8. How we may change the contract If we amend this contract, then we'll notify you before the change takes effect. We may give this notice by posting it on the service or by any other reasonable means. If you don't agree to the change, we're not obligated to keep providing the service, and you must cancel and stop using the service before the change becomes effective. Otherwise, the new terms will apply to you. 9. NO WARRANTY We provide the service "as is," "with all faults," and "as available." We don't guarantee the accuracy or timeliness of information available from the service. You acknowledge that computer and telecommunications systems are not fault-free and occasional periods of downtime occur. We do not guarantee the service will be uninterrupted, timely, secure, or error-free, or that data loss will not occur. We and our affiliates, resellers, distributors, and vendors give no express warranties, guarantees, or conditions. We exclude any implied warranties, including for merchantability, satisfactory quality, fitness for a particular purpose, workmanlike effort, and noninfringement. You may have certain rights under your local law. Nothing in this contract is intended to affect those rights, if they are applicable. 10. LIABILITY LIMITATION You can recover from Microsoft and our affiliates, resellers, distributors, and vendors only direct damages up to an amount equal to your service fee for one month. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental, or punitive damages. The limitations and exclusions apply to anything related to this contract, for example: • The service. • Loss of data. • Content (including code) on third-party websites, third-party programs, or third-party conduct accessed via the service. • 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 starting or completing transmissions or transactions in connection with the service in an accurate or timely manner. • Claims for breach of contract; breach of warranty, guarantee or condition; strict liability; tort (including negligence or breach of statutory duty); or misrepresentation. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. Some or all of these limitations or exclusions may not apply to you if your state, province, or country does not allow the exclusion or limitation of incidental, consequential, or other damages. 11. Changes to the service and cancellation We may change the service or delete features at any time for any reason. A particular service may be a prerelease version—a beta, for example—and may not work correctly or in the way a final version might work. We may significantly change the final version or decide not to release a final version. We may cancel or suspend your service and your access to the Windows Live ID network at any time without notice and for any reason. Our reasons for cancellation may include that we stop providing the service in your region or that you breach this contract, fail to sign in to the Windows Live ID network during a 90-day period, or don't pay fees that you owe to us or to our agents. If your service is canceled, your right to use the service stops immediately. If we cancel your credentials, your right to use Windows Live ID stops immediately. Cancellation of the service or credentials won't alter your obligation to pay all charges made to your billing account. If we cancel the service in its entirety without cause, we'll refund to you on a pro-rata basis any payments that you have made based on the portion of your service that would otherwise remain. You may cancel the service at any time and for any reason. If it's a paid service, some charges may apply. Sections 6, 9–13, 14 (for amounts incurred before termination), 15, and those that by their terms apply after termination of this contract will survive any termination of this contract. 12. General legal terms 12.1. Interpreting the contract All parts of this contract apply to the maximum extent permitted by relevant law. If a court holds that we cannot enforce a part of this contract as written, you and we will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of this contract won't change. This is the entire contract between you and us regarding the service. It supersedes any prior contract or oral or written statements regarding your use of the service. If you have confidentiality obligations related to the service—for example, you may have been a beta tester—those obligations remain. Other terms may apply when you use or pay for other Microsoft services. The contract's section titles don't limit its terms. If you are accessing the service within Germany, the agreement located at Microsoft-Dienstleistungsvertrag applies. 12.2. Assignment and transfer We may assign, transfer, or otherwise dispose our rights and obligations under this contract, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the service. 12.3. No third-party beneficiaries This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors. 12.4. Claims Claims must be filed within one year. You must bring any claim related to this contract or the service within one year of the date you could first bring the claim, unless your local law requires a longer time to file claims. If it isn't filed in time, the claim is permanently barred. 12.5. Notices You may notify us as stated in customer support for the service. We don't accept email notices. This contract is in electronic form. We may send you, in electronic form, information about the service, additional information, and information the law requires us to provide. We may provide required information to you by email at the address you specified when you signed up for the service or by access to a Microsoft website that we identify. Notices emailed to you will be deemed given and received when the email is sent. If you don't consent to receive notices electronically, you must stop using the service. 13. Contracting party, choice of law and location for resolving disputes • If you live in or your business is headquartered in North or South America, you're contracting with Microsoft Corp., One Microsoft Way, Redmond, WA 98052, USA, and 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. • If you live in or your business is headquartered in Europe, you're contracting with Microsoft Luxembourg S.à.r.l., 20 Rue Eugene Ruppert, Immeuble Laccolith, 1st Floor, L-2543 Luxembourg. All claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of Luxembourg or of the country in which you reside. With respect to jurisdiction, you may choose the responsible court in Luxembourg or in the country in which you reside for all disputes arising out of or relating to this contract. • If you live in or your business is headquartered in the Middle East or Africa, you're 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 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 to 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. • If you live in or your business is headquartered in Japan, you're 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 contract 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 contract. • If you live in or your business is headquartered in Australia, Hong Kong, Indonesia, Malaysia, New Zealand, Philippines, Singapore, Thailand, or Vietnam, you're contracting with Microsoft Operations, Pte Ltd, 1 Marina Boulevard, #22-01, Singapore 01898, and the laws of Singapore govern this contract. Any dispute arising out of or in connection with this contract, 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. • If you live in or your business is headquartered in India, you're contracting with Microsoft Regional Sales Corp., 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, and Washington State law governs this contract, regardless of conflict of laws principles. Any dispute arising out of or in connection with this contract, 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 India or elsewhere. • If you live in or your business is headquartered in China, you're contracting with Shanghai MSN Network Communications Technology Company Limited, Suite B, 8th Floor, Building Ding, No. 555, Dongchuan Road, Minhang District, Shanghai, PRC, for your use of MSN, Bing, or Windows Live Messenger; PRC law governs this contract as it relates to your use of the services under this contract operated by Shanghai MSN Network Communications Technology Company Limited. For your use of MSN, Bing, or Windows Live Messenger under this contract, any dispute arising out of or in connection with this contract, including any question regarding the existence, validity, or termination of this contract, 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 contract, you're contracting with Microsoft Corp., One Microsoft Way, Redmond, WA 98052, USA. As to those services, Washington State law governs this contract, regardless of conflict of laws principles. The jurisdiction of the state or federal courts in King County, Washington, USA, is nonexclusive. • If you live in or your business is headquartered in Korea, you're 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 contract. 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 contract. • If you live in or your business is headquartered in Taiwan, you're contracting with Microsoft Taiwan Corp., 8F, No 7 Sungren Road, Shinyi Chiu, Taipei, Taiwan 110, and 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. 14. If you pay Microsoft 14.1. Cooling off period When you request a service from us, you agree that we may begin to provide the service immediately and that you will not be entitled to a cancellation or "cooling off" period, except if the law requires a cooling off period despite your waiver and even when a service starts right away. You may cancel the service as provided in Section 14.9. 14.2. Charges When you are paying for a service, this Section 14 applies if you pay us directly. Even if the service itself is free, you may still incur charges incidental to using the service, for example, charges for Internet access, text messaging, or other data transmission. 14.3. Payment You must be authorized to use the payment method that you enter when you create a billing account. You authorize us to charge you for the service using your payment method and for any paid feature of the service that you choose to sign up for or use while this contract is in force. We may bill: (a) in advance; at the time of purchase; shortly after purchase; or on a recurring basis for subscription services. 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 simultaneously for more than one of your prior billing periods. Once we have informed you that the service will be provided indefinitely or automatically renewed, we may automatically renew your service and charge you for any renewal term. 14.4. Updates to your billing account You must keep all information in your billing account current. You can access and modify your billing account on the Billing and Account Management website (https://billing.microsoft.com). You may change your payment method at any time. If you tell us to stop using your payment method and we no longer receive payment from you for the paid service, we may cancel that service. Your notice to us will not affect charges we submit to your billing account before we reasonably could act on your request. 14.5. Trial period offers Unless we notify you otherwise, if you're participating in any trial period offer, you must cancel the service by the end of the trial period to avoid incurring new charges. If you do not cancel your service and we have told you the service will convert to a paid subscription at the end of the trial period, you authorize us to charge your payment method for the service. 14.6. Prices and price increases The price stated for the service excludes all taxes and phone charges, unless stated otherwise. You're responsible for any taxes and for all other charges (for example, phone charges and currency exchange settlements). We'll notify you in advance if we change the price of the service. If there's a specific length and price for your service offer, that price will remain in force for that time. After the offer period ends, your use of the service will be charged at the new price. If your service is on a period basis (for example, monthly) with no specific length, we'll notify you of any price change at least 30 days in advance. If you don't agree to these changes, you must cancel and stop using the service before the changes take place. If you cancel, your service ends at the end of your current service period or, if we bill your account on a period basis, at the end of the period in which you canceled. 14.7. Refund policies Unless otherwise provided by law or by a particular service offer, all charges are earned when received and are nonrefundable, and the costs of any returns will be at your expense. 14.8. 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, print, or request a paper copy of this statement. If you request a paper copy, we may charge you a retrieval fee. We will provide paper copies only for the past 120 days. 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 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 the error; we won't be required to correct the error. We can correct billing errors at any time. 14.9. Canceling the service You may cancel the service at any time, with or without cause. Go to the Billing and Account Management website (https://billing.microsoft.com) for information on canceling your service. Some service offers may require you to pay cancellation charges as stated in the materials describing the offer. Your cancellation of the service won't alter your obligation to pay all charges made to your billing account. 14.10. Late payments Except as prohibited by law, we may assess a late charge if you do not pay on time. You must pay these late charges when we bill you for them. The late charge will be the lesser of 1 percent of the unpaid amount each month or the maximum rate permitted by law. We may use a third party to collect past due amounts. You must pay for all reasonable costs we incur to collect any past due amounts, including reasonable attorneys' fees and other legal fees and costs. We may suspend or cancel your service if you fail to pay in full on time. 14.11. Internet access service If the service doesn't include Internet access, you're responsible for paying the fees charged by your Internet access provider. Those fees are in addition to the fees you pay us for the service. The rest of this section applies only if your service includes Internet access. This service may not be available in your country or region. If you use a dial-up modem, you may incur toll, roaming, or other access charges, depending on the number you're calling and where you're calling from. You should check with your local telephone company first to determine if the number you plan to use will incur such charges. Even if we suggest a phone number for you to call, you may still incur charges, depending on your local provider, calling location, and phone plan. We will not reimburse you for such charges. 15. Payments to you Your right to any payment due to you under the service is conditioned upon you promptly providing us with all of the information we need to properly make the payment. You must provide us with the information we request before your right to receive the payment accrues. You're responsible for the accuracy of the information you provide and for any taxes and charges you may incur. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce your earned balance without notice to adjust for the previous overpayment. 16. Microsoft Office Live The following terms apply to Microsoft Office Live. • Your dealings with others. Microsoft may offer goods and services from third parties through the service. If so, for those goods and services your relationship is with the third party only and not with us. You're solely responsible for your dealings with any third party. 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; and all sales and advertisements will comply with applicable law. • Your privacy practices. In using the service, you may be able to collect personal information about third parties. If you do, you must: post a privacy policy on your website that, at a minimum, discloses any and all uses of personal information that you collect from such third parties; provide a hypertext link to your privacy policy on the home page of your website and on all pages where you collect personal information from third parties, including on checkout pages; and use personal information only as expressly permitted by your privacy policy and in accordance with applicable data protection laws. • Domain Name Service • If you register, renew, or transfer a domain name through the service, we connect you with an accredited registrar that will seek to register, renew, or transfer the domain name. The domain service contracts for ccTLDs and gTLDs are contracts between you and the registrar, and not between you and Microsoft. As such, Section 16 of this contract applies. Microsoft does not control the availability of any domain name you seek to register or renew and will have no liability relating to your use of the domain name. You represent and warrant that any domain name you register, renew, or transfer through the service and the registrar will not infringe the rights of third parties. • Except during the first five days after you subscribe to the service, if your service is canceled for any reason, your domain name will remain registered for its current annual term but won't point to your website or work with your email service. 17. 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: 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 (Use of Microsoft Copyrighted Content). 18. Microsoft Points Microsoft Points is a service under which you can acquire Points and redeem those Points for certain online services and digital products. You can see how many Points you have by checking your Points balance at https://billing.microsoft.com. You can obtain selected services or digital products that we elect to offer in exchange for Points. You can do this by redeeming your Points as indicated in the particular messaging you see for those offers. You can acquire Points in a variety of ways. For example, you can purchase Points, or certain services may give you Points for using the service or specific features of the service (also known as "promotion Points"). You can earn promotion Points only for actions you actually complete. You're responsible for any tax consequences that may result from your participation in the Points service. When you obtain Points, you have obtained a limited license to a digital product. Points have no monetary value. You may not obtain any cash or money in exchange for Points, regardless of how you acquired those Points. Points are not your personal property. Your only recourse for using Points is to obtain the specific online services or digital products that we offer for Points redemption. We may further restrict your Points redemption offers based on your country of residence. We encourage you to redeem your Points. The existence of a particular offer available for Points redemption is not a commitment by us to maintain or continue to make the offers in the future. The scope, variety, and type of online services and digital products that you may obtain by redeeming Points can change at any time. We have no obligation to continue making offers available for Points redemption. Promotion Points may expire at any time, as set forth in the messages related to that promotion. We may cancel, suspend, or otherwise limit your access to your Points balance if we suspect fraudulent, abusive, or unlawful activity on your Points balance. Once we delete Points from a balance, we will not reinstate them, except at our discretion. When we cancel, suspend, or otherwise limit access to your Points balance, your right to use your Points balance immediately ceases. We will use reasonable efforts to investigate Points balances that are subject to access limitations and to reach a final decision on the limitations promptly. In addition, we may limit your use of the Points service, including applying limits to: the number of Points you may have credited to your Points balance at one time; the number of Points you may redeem within a given time period (for example, one day); and the number of promotion Points you may obtain in a single event. If we post Points to your balance for an activity that is subsequently voided, canceled or involves a returned item, then we will remove those Points from your balance. You must ensure that we properly post your Points to your Points balance. If you believe that you have validly acquired Points that we have not posted to your Points balance, we will not consider posting these Points unless you contact us within 12 months after the date you claimed to have acquired those Points. We may require reasonable documentation to support your claim. 19. MSN Video The videos and embeddable video player available on MSN Video are for your noncommercial, personal use only and, unless otherwise indicated, may not be downloaded, copied, or redistributed without authorization from the rights holders. You may not use the embeddable video player on any website whose primary purpose is the display of advertising or collection of subscription revenues or is in direct competition with MSN Video unless you first get our 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. 20. Bing Mobile voice-activated search If you use the voice-activated search feature in the Bing Mobile application, you consent to Microsoft recording and collecting your voice input. The voice input will be used to provide the Bing Mobile service to you and improve our voice-recognition products and services. NOTICES Notices and procedure for making claims of copyright infringement Notifications of claimed copyright infringement should be sent to Microsoft's designated agent. INQUIRIES 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 (Microsoft - Information on Terms of Use). Copyright and trademark notices All contents of the service are Copyright © 2010 Microsoft Corporation and/or its suppliers, One Microsoft Way, Redmond, WA 98052, USA. All rights reserved. We or our suppliers own the title, copyright, and other intellectual property rights in the service and content. Microsoft, Windows, Windows Live, Windows logo, MSN, MSN logo (butterfly), Bing, and other Microsoft products and services may also be either trademarks or registered trademarks of Microsoft 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 contract 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 service is owned by or licensed to IDC and its affiliates. You're permitted to store, manipulate, analyze, 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. You may not use any of the Dow Jones Indexes, 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, investment portfolios, etc., 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. Parental controls We offer parental control protections that help you limit access to material that is harmful to minors. To learn more about such protections, visit the Microsoft Online Safety website (Computer and Internet Security | Microsoft Safety & Security Center) or similar websites that provide information on parental control protections. Financial notice Microsoft is not a broker/dealer or registered investment advisor under U.S. federal securities law or securities laws of other jurisdictions and does not advise individuals as to the advisability of investing in, purchasing, or selling securities or other financial products or services. Nothing contained in the service 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 service is intended to be professional advice, including but not limited to, investment or tax advice. 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