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Microsoft Service Agreement Last Updated: July 2006
THANK YOU FOR CHOOSING MICROSOFT!
1. What the Contract Covers.
This is a contract between you and the Microsoft company referenced in section 24. Sometimes Microsoft is referred to as “we,” “us” or “our”. This contract applies to any Windows Live or MSN software, products or services, including updates, that you use while this contract is in force. All of the software, products or services are referred to in this contract as the “service.”
Please note that we do not provide warranties for the service. The contract also limits our liability. These terms are in sections 15 and 16 and we ask you to read them carefully.
2. When You May Use the Service.
You may start using the service as soon as you have finished the sign-up process.
3. How You May Use the Service.
In using the service, you will:
4. How You May Not Use the Service.
- obey the law;
- obey any codes of conduct or other notices we provide;
- obey the Microsoft Anti-spam Policy, which is available at http://g.msn.com/2privacy/as-enus
- keep your service account password secret; and
- promptly notify us if you learn of a security breach related to the service.
In using the service, you may not:
15. WE MAKE NO WARRANTY.
- use the service in a way that harms us or our affiliates, resellers, distributors, and/or vendors (collectively, the “Microsoft parties”), or any customer of a Microsoft party;
- use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages (“spam”);
- use any unauthorized third party software or service to access the Microsoft instant messaging network (currently known as the .NET Messenger service);
- use any automated process or service to access and/or use the service (such as a BOT, a spider, periodic caching of information stored by Microsoft, or “meta-searching”);
- use any unauthorized means to modify or reroute, or attempt to modify or reroute, the service;
- damage, disable, overburden, or impair the service (or the network(s) connected to the service) or interfere with anyone’s use and enjoyment of the
If we change this contract, then we will tell you at least 30 days before the change takes place. If you do not agree to these changes, then you must cancel and stop using the service before the change takes place. If you do not stop using the service, then your use of the service will continue under the changed contract.
We provide the service “as-is,” “with all faults” and “as available.” We do not guarantee the accuracy or timeliness of information available from the service. The Microsoft parties give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.
16. LIABILITY LIMITATION.
You can recover from the Microsoft parties 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.
This limitation applies to anything related to:
It also applies even if:
- the service,
- content (including code) on third party Internet sites, third party programs or third party conduct,
- viruses or other disabling features that affect your access to or use of the service,
- incompatibility between the service and other services, software and hardware,
- delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the service in an accurate or timely manner, and
- claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. They also may not apply to you because your province or country may not allow the exclusion or limitation of incidental, consequential or other damages.
- this remedy does not fully compensate you for any losses, or fails of its essential purpose; or
- Microsoft knew or should have known about the possibility of the damages.
17. Changes to the Service; If We Cancel the
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