Terms of Use
and Notices ("Agreement")
AGREEMENT BETWEEN YOU AND MICROSOFT CORPORATION OR ONE OF ITS AFFILIATES
DESCRIPTION OF WINDOWS FEEDBACK PROGRAM.
The Windows Feedback Program ("WFP") is a voluntary participant-based
project which will gather information about computer use in the home. The
information collected is intended to allow Microsoft to identify how its future
products may better serve you, our customer. You can find out more about what
information will be collected and why, by going to the Windows Feedback
Program website (WFP Program Site).
The WFP is comprised of various Web sites, servers, applications, and other services operated by Microsoft or its affiliates (collectively, the "Program Services").
COLLECTION OF YOUR INFORMATION.
We will collect personal information if you choose to participate in the Program. The personal information we collect may include your name, gender, e-mail address, city, and ZIP code. In addition, we will collect and store your survey responses. If you choose to participate in the automated feedback program, information about your software and your computer will be recorded and sent back to Microsoft. In addition, you will automatically participate in the following two programs:
Both your survey responses and automated feedback will be associated with your personal information. Please note that this differs with the CEIP disclosures in the Office 2007, Office 2003, and Windows Vista privacy statements. If you choose to participate in the automated feedback program of the Windows Feedback Program, the CEIP data we collect while you are in the automated feedback program will be associated with the personal information we collect from you through the Windows Feedback Program.
ACCEPTING THE TERMS OF THIS AGREEMENT.
This Agreement constitutes a legal agreement between you ("Program
Participant") and Microsoft. The Program Services are offered to you
conditioned on your acceptance without modification of this Agreement. Your use
of the Program Services constitutes your agreement to all such terms,
conditions, and notices.
Portions of the Program Services may be governed by guidelines, rules, notices
and other terms and conditions ("Additional Terms") posted at the WFP Program
Site. All such Additional Terms are hereby incorporated by reference into this
Agreement. In the event of a conflict between the Additional Terms and this
Agreement, this Agreement shall control. However, the Windows Feedback
Program Privacy Statement, discussed in the Privacy and Personal
Information section below supersedes any conflicting language in this Agreement
and in the Additional Terms published on the WFP
Program Site. The Program Services are offered to you conditioned on your
acceptance without modification of the Additional Terms contained herein and as
posted at the WFP Program Site. Your use of the Program Services constitutes
your agreement to the Additional Terms.
MODIFICATION OF THIS AGREEMENT.
Microsoft may wish to update or change the terms, conditions and notices for
the Program Services from time-to-time, to reflect changes in the Program
Services, changes in the law affecting the Program Services or for other good
reasons. You understand and agree that Microsoft reserves the right to make
these changes. Microsoft will post minor changes to the WFP Program Site. In
the event of a material change to this agreement, we will notify you by email
about the change. Once notified, you have the option of discontinuing the
program. You agree that your continuation of the program after notification of
a material change demonstrates acceptance by you of the new terms.
PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Program Services are for your personal and
non-commercial use. Except to download/print for your personal use, you may not
modify, copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, or sell any information,
software, products or services that are a part of and provided under the
Program Services except as expressly provided in this Agreement.
PRIVACY AND PERSONAL INFORMATION.
Microsoft agrees that it will only collect and use your personal information in
accordance with the terms of the Windows Feedback Program Privacy
Statement.
AUTOMATIC UPDATES.
The Microsoft Windows Feedback Panel software occasionally checks online to ensure that you are running the most current version of the software and automatically installs an upgrade if a newer version is available.
SOFTWARE AND CONTENT AVAILABLE THROUGH PROGRAM
SERVICES AND THE WFP PROGRAM SITE.
All content and software that is made available to view and/or download from
the WFP Program Site that is part of the Program Services
("Software") is owned by and is the copyrighted work of Microsoft
and/or its suppliers. Your use of the Software is governed by the terms of the
license agreement, if any, that accompanies or is included with the Software
("License Agreement"). You may not install or use any Software that
is accompanied by or includes a License Agreement unless you first agree to the
License Agreement terms.
For any Software not accompanied by a License Agreement, Microsoft hereby
grants to you, the user/Program Participant, a personal, non-transferable
license to use the Software for the purpose of participating in and making use
of the Program Services in accordance with this Agreement, and for no other
purpose provided that you keep intact all copyright and other proprietary
notices.
All Software is owned by Microsoft and/or its suppliers and is protected by
copyright laws and international treaty provisions. Any reproduction or
redistribution of the Software is expressly prohibited by law, and may result
in severe civil and criminal penalties. Violators will be prosecuted to the
maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY
OTHER COMPUTER, SERVER OR OTHER LOCATION FOR FURTHER REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING
SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE
LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, MICROSOFT
CORPORATION HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE
SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER
EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, MICROSOFT MAY MAKE AVAILABLE AS PART OF THE WFP PROGRAM
SITE OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. MICROSOFT
DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR
OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE
RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND
UTILITIES MADE AVAILABLE THROUGH THE WFP PROGRAM SITE OR IN MICROSOFT SOFTWARE
PRODUCTS.
You acknowledge that the Software, and any accompanying documentation and/or
technical information, is subject to applicable export control laws and
regulations of the United States of America. You agree not to export or
re-export the Software, directly or indirectly, to any countries that are
subject to United States of America export restrictions.
RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from any WFP Program Site for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Microsoft Corporation, One Microsoft Way, Redmond, WA, 98052-6399.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THE
WFP PROGRAM SITE.
Permission to use Documents (such as white papers, press releases, datasheets
and FAQs) from the WFP Program Site is granted, provided that (1) the below
copyright notice appears in all copies and that both the copyright notice and
this permission notice appear, (2) use of such Documents from the WFP Program
Site is for informational and non-commercial or personal use only and will not
be copied or posted on any network computer or broadcast in any media, and (3)
no modifications of any Documents are made. Accredited educational
institutions, such as K-12, universities, private/public colleges, and state
community colleges, may download and reproduce the Documents for distribution
in the classroom. Distribution outside the classroom requires express written
permission. Use for any other purpose is expressly prohibited by law, and may
result in severe civil and criminal penalties. Violators will be prosecuted to
the maximum extent possible.
Documents specified above do not include the design or layout of the WFP
Program Site or any other Microsoft owned, operated, licensed or controlled
site. Elements of Microsoft Web sites are protected by trade dress, trademark,
unfair competition, and other laws and may not be copied or imitated in whole
or in part. No logo, graphic, sound or image from any Microsoft Web site may be
copied or retransmitted unless expressly permitted by Microsoft.
MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS
PUBLISHED AS PART OF THE WFP PROGRAM SITE OR OTHER WEBSITES FOR ANY PURPOSE.
ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL
MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT
OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE,
DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS
ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
INFORMATION AVAILABLE FROM THE WFP PROGRAM SITE OR OTHER WEBSITES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE WFP PROGRAM SITE OR OTHER
WEB SITES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MICROSOFT AND/OR ITS
RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S)
AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND
PROGRAM SERVICES AVAILABLE ON THIS WEB SITE.
IN NO EVENT SHALL MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING
FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE
OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE PROGRAM
SERVICES, OR INFORMATION AVAILABLE FROM THE PROGRAM SERVICES.
MICROSOFT IS NOT RESPONSIBLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF YOUR PARTICIPATION IN THE WFP EXCEPT TO THE EXTENT CAUSED BY THE INTENTIONAL OR GROSSLY NEGLIGENT CONDUCT OF MICROSOFT OR ITS PROGRAM SUPPLIERS.
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your participation in and use of the Program Services and the
WFP Program Site, you will not use the Program Services, the WFP Program Site
or Software for any purpose that is unlawful or prohibited by these terms,
conditions, and notices. You may not use the Program Services, the WFP Program
Site or Software in any manner that could damage, disable, overburden, or
impair any Microsoft server, or the network(s) connected to any Microsoft
server, or interfere with any other party's use and enjoyment of any services
provided by the foregoing. You may not attempt to gain unauthorized access to
any Program Services, the WFP Program Site, or Software, other accounts,
computer systems or networks connected to any Microsoft server or to any of the
services provided by the foregoing, through hacking, password mining or any
other means. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available through the
Program Services, the WFP Program Site, or Software.
USE OF PROGRAM SERVICES.
The Program Services may contain e-mail services, bulletin board services, chat
areas, news groups, forums, communities, personal web pages, calendars, photo
albums, file cabinets and/or other message or communication facilities designed
to enable you to communicate with others (each a "Communication
Service" and collectively "Communication Services"). You agree
to use the Communication Services only to post, send and receive messages and
material that are proper and, when applicable, related to the particular
Communication Service. By way of example, and not as a limitation, you agree
that when using the Communication Services, you will not:
Microsoft has no obligation to monitor the Communication
Services. However, Microsoft reserves the right to review materials posted to
the Communication Services and to remove any materials in its sole discretion.
Microsoft reserves the right to terminate your access to any or all of the
Communication Services at any time, without notice, for any reason whatsoever.
Microsoft reserves the right at all times to disclose any information as
Microsoft deems necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in Microsoft's sole discretion.
Always use caution when giving out any personally identifiable information
about yourself or your children in any Communication Services. Microsoft does
not control or endorse the content, messages or information found in any
Communication Services and, therefore, Microsoft specifically disclaims any
liability with regard to the Communication Services and any actions resulting
from your participation in any Communication Services. Managers and hosts are
not authorized Microsoft spokespersons, and their views do not necessarily
reflect those of Microsoft.
Materials uploaded to the Communication Services may be subject to posted
limitations on usage, reproduction and/or dissemination; you are responsible
for adhering to such limitations if you download the materials.
MICROSOFT'S RIGHT TO USE FEEDBACK OR
SUGGESTIONS YOU MAY SUBMIT OR TO COLLECT OTHER DATA FROM YOU OR YOUR COMPUTER.
As a WFP Program Participant you may be asked to respond periodically to
surveys or other types of questionnaires, or to otherwise provide input,
comments or feedback. Also, Microsoft will collect other data from you and your
computer. For a description of other data please see the Windows Feedback
Program Frequently Asked Questions (WFP FAQ).
Microsoft wants your voluntary feedback and suggestions and other data so it
may identify how its future products may better serve customers like you. When
you submit responses to surveys or other questionnaires ("feedback and
suggestions"), or when other data is collected, please understand that
Microsoft needs to have full rights to use your feedback and suggestions and other
data as it sees fit, entirely without obligation or restriction of any kind on
account of intellectual property rights or otherwise. In particular, you
understand and agree that by submitting feedback and suggestions to Microsoft
concerning any aspect of the Program Services, and by participating in the WFP
and allowing collection of Other Data, you represent that you own or otherwise
control the rights necessary to make such submissions and permit the collection
of such Other Data and you are granting Microsoft and its affiliated companies
permission to:
These grants include the right to exploit any
proprietary rights in such feedback and suggestions and Other Data, including
rights under copyright, trademark, service mark, patent and other intellectual
and proprietary laws in any relevant jurisdiction. No compensation will be paid
with respect to Microsoft's use of the materials contained within such feedback
and suggestions or Other Data. Microsoft is under no obligation to post or use
in connection with future software, product and service offerings any materials
you may provide or Other Data collected and, if used, may remove and
discontinue use of such materials or Other Data at any time in Microsoft's sole
discretion.
For terms and conditions governing the use of WFP and Program Services related
information and for more information on how the WFP and Program Services work,
please refer to the Windows Feedback Program Privacy
Statement and the WFP FAQ.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF
COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement should be sent to the Service Provider's
Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL
NOT RECEIVE A RESPONSE. See Notices and
Procedure for Making Claims of Copyright Infringement.
LINKS TO THIRD PARTY SITES.
TO THE EXTENT THERE ARE LINKS PROVIDED HERE THAT LET YOU LEAVE MICROSOFT'S
SITES, ANY SUCH LINKS ARE NOT UNDER THE CONTROL OF MICROSOFT AND MICROSOFT IS
NOT RESPONSIBLE FOR THE CONTENTS OF ANY SUCH LINKED SITE OR ANY LINK CONTAINED
IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. MICROSOFT IS NOT
RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEVIED FROM ANY
SUCH LINKED SITE. MICROSOFT IS PROVIDING THESE LINKS TO YOU ONLY AS A
CONVENIENCE, AND THE INCLUSION OF ANY SUCH LINK DOES NOT IMPLY ENDORSEMENT BY
MICROSOFT OF THE SITE.
UNSOLICITED IDEA SUBMISSION POLICY.
MICROSOFT OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS,
INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR
TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES.
PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER
WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS
OR DISPUTES WHEN MICROSOFT'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM
SIMILAR TO IDEAS SUBMITTED TO MICROSOFT. SO, PLEASE DO NOT SEND YOUR
UNSOLICITED IDEAS TO MICROSOFT OR ANYONE AT MICROSOFT. IF, DESPITE OUR REQUEST
THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND
THAT MICROSOFT MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE
TREATED AS CONFIDENTIAL OR PROPRIETARY.
TERMINATION AND RESTRICTION OF ACCESS.
Microsoft reserves the right, in its sole discretion, to terminate your
participation in the WFP and the Program Services or any portion thereof at any
time, without notice.
Microsoft may also terminate or suspend your participation in the WFP and
Program Services for inactivity, which is defined as those instances when the
WFP Software installed on your computer fails to send information back to
Microsoft. If this failure to send information back to Microsoft is
unintentional (e.g. you buy a new computer and do not install the WFP Software
on the new machine) you will not necessarily be precluded from choosing to
participate in the WFP or the Program Services again at a later time). It is
important for you to know that no feedback or suggestions you may submit or
data collected from you or your computer will be returned to you if you leave
the Program. For further details see the WFP FAQ.
GENERAL
Specified Governing Law and Exclusive
Jurisdiction.
This Agreement is governed by the laws of the State of Washington, U.S.A. You
hereby irrevocably consent to the exclusive jurisdiction and venue of courts in
King County, Washington, U.S.A. in all disputes arising out of or relating to
the WFP or the Program Services, your participation in and all other aspects of
the WFP and Program Services, your use of the WFP Program Site and/or
Microsoft's use of same.
You agree that no joint venture, partnership, employment, consulting, vendor or
agency relationship exists between you and Microsoft as a result of this
Agreement or your participation in the WFP or the Program Services.
Microsoft may assign its rights, benefits and obligations under the WFP and the
Program Services and this Agreement, in whole or in part, at any time.
Microsoft's performance of this Agreement is subject to existing laws and legal
process, and nothing contained in this Agreement is in derogation of
Microsoft's right to comply with governmental, court, and law enforcement
requests or requirements relating to your participation in the WFP and the
Program Services or information provided to or gathered by Microsoft with
respect to such participation. If any part of this Agreement is determined to
be invalid or unenforceable pursuant to applicable law including, but not
limited to, the warranty disclaimers and liability limitations set forth above,
then the invalid or unenforceable provision will be deemed superseded by a
valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of this Agreement shall continue in
effect. This Agreement, including the documents expressly incorporated by
reference above, constitute the entire Agreement, and such Agreements supersede
all prior and contemporaneous communications and proposals, whether electronic,
oral, or written, between you and Microsoft with respect to all aspects of the
WFP and the Program Services, including but not limited to your participation
in the WFP, the Program Services and your use of the WFP Program Site. A
printed version of this Agreement and of any notices given in electronic form
shall be admissible in judicial or administrative proceedings based upon or
relating to this Agreement to the same extent and subject to the same
conditions as other business documents and records that are admissible in
judicial or administrative proceedings.
LIMITATION OF LIABILITY.
YOU AGREE TO INDEMNIFY AND HOLD MICROSOFT, ITS PARENTS, SUBSIDIARIES,
AFFILIATES, OFFICERS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM, DEMAND, OR
DAMAGE, INCLUDING REASONABLE ATTORNEYS' FEES, ASSERTED BY ANY THIRD PARTY DUE
TO OR ARISING OUT OF YOUR PARTICIPATION IN THE WFP, YOUR ACCESSING OR USE OF
EITHER THE PROGRAM SERVICES OR THE WFP PROGRAM SITE.
INFORMATION REGARDING PRIVACY.
For more information regarding your privacy, see the Windows Feedback
Program Privacy Statement.
INFORMATION REGARDING THE WFP, PROGRAM
SERVICES AND CUSTOMER SUPPORT.
Microsoft provides information about what to expect from the WFP and the
Program Services on the Web pages that are part of the WFP Program Site. If you
have any questions about the WFP or the Program Services or any problems that
you would like to report, please contact us at winpanel@microsoft.com
or visit the WFP Program Site.
TRADEMARKS.
Windows, Windows Vista, Windows Flag Logo, Microsoft, Office, Microsoft Agent
Logo, Microsoft .NET Connected Logo, .NET Logo, and/or other Microsoft products
referenced herein are either registered trademarks or trademarks of Microsoft
Corporation in the U.S. and/or other countries. The example companies,
organizations, products, domain names, e-mail addresses, logos, people, places,
and events depicted herein are fictitious. No association with any real
company, organization, product, domain name, email address, logo, person,
places, or events is intended or should be inferred. Microsoft may have
patents, patent applications, trademarks, copyrights, or other intellectual
property rights covering subject matter in this document. Except as expressly
provided in any written license agreement from Microsoft, the furnishing of
this document does not give you any license to these patents, trademarks,
copyrights, or other intellectual property.
COPYRIGHT NOTICE.
Copyright© 2007 by the Microsoft Corporation
One Microsoft Way, Redmond, Washington 98052-6399 U.S.A
All rights reserved.