What the Contract Covers.
This is a contract between you and the Microsoft company referenced below under "Contracting Party". Sometimes the Microsoft company referenced in this contract is referred to as "Microsoft," "we," "us" or "our". This contract applies to MSN Direct for Windows Mobile software or services (including updates) that you use while this contract is in force.
All of the software 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 under the heading "LIABILITY LIMITATION", and we ask you to read them carefully.
Pre-release Software. This software (and related service) 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.
Feedback. If you provide feedback to Microsoft about the service, 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.
Voice and Data Cellular Access Charges. The service requires the use of a cellular network and access to cellular data service. Features of this application, including automatic updating, may cause you to incur data service charges from your mobile provider. Roaming may incur additional fees. Refer to your wireless service plan for details on coverage areas and service fees. You are responsible for paying all the fees charged by your cellular network provider. If you incur any extra charges, then you must pay them. We will not reimburse you for them. For more information about the MSN Direct for Windows Mobile service, see http://phone.msndirect.com.
How You May Use the Service. In using the service, you will:
How You May Not Use the Service. In using the service, you may not:
Privacy. In order to operate and provide the service, we collect certain information about you. We use and protect that information as described in the http://privacy.microsoft.com. 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; (b) 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 (c) 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. We may use technology or other means to protect the service, protect our customers, or stop you from breaching this contract. These means may include, for example, filtering to stop spam or increase security. These means may hinder or break your use of the service. In order to provide you the service, we may collect certain information about service performance, your device and your service use. We may automatically upload this information from your device. This data will not personally identify you. You may read about this information collection in more detail in the privacy policy at http://privacy.microsoft.com.
Software. We grant you the right to use the software only for the authorized use of the service. We reserve all other rights to the software. We may automatically check your version of the software. We may automatically download upgrades to the software to your device to update, enhance and further develop the service. You will not disassemble, decompile, or reverse engineer any software included in the service, except and only to the extent that the law expressly permits this activity. 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 http://www.microsoft.com/exporting (available in English only).
WE MAKE NO WARRANTY. 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.
LIABILITY LIMITATION. You can recover from the Microsoft parties only direct damages. 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:
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.
Changes to or Cancellations of the Service. We may change the service or delete features at any time and for any reason. We may cancel or suspend your service at any time. Our cancellation or suspension may be without cause and/or without notice. Upon service cancellation, your right to use the service stops right away. Once the service is cancelled or suspended, any data you have stored on the service may not be retrieved later. Our cancellation of the service will not alter your obligation to pay all charges made to your billing account.
Interpreting the Contract. All parts of this contract apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This is the entire contract between you and us regarding your use of the service. It supersedes any prior contract or statements regarding your use of the service. The section titles in the contract do not limit the other terms of this contract.
Assignment. We may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the service or any part of the service.
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 and assigns under this contract.
Claim Must Be Filed Within One Year. Any claim related to this contract or the service may not be brought unless brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed in time, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns.
Consent Regarding Electronic Information. This contract is in electronic form. There may be other information regarding the service that the law requires us to send you. We may provide required information to you by access to a Microsoft web site that will be generally designated in advance for this purpose.
Contracting Party, Choice of Law and Location for Resolving Disputes. This contract is between you and the Microsoft company for your country or region. In this section, find the country or region where you live (if you are signing up for the service as an individual person) or your business is located (if you are signing up for services for your business) in the subsections below, and in that subsection you will find the Microsoft company that is contracting with you and the choice of law and the location for resolving disputes with the Microsoft company.
Notices and Procedure for Making Claims of Copyright Infringement. Under Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to service provider's designated agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement at http://www.microsoft.com/info/cpyrtInfrg.htm.
Copyright and Trademark Notices. All contents of the service are Copyright © 2008 Microsoft Corporation and/or its suppliers, One Microsoft Way, Redmond, Washington 98052-6399 U.S.A. All rights reserved. Copyright and other intellectual property laws and treaties protect any software or content provided as part of the service. We or our suppliers own the title, copyright, and other intellectual property rights in the software or content. Microsoft, Windows, Windows Mobile, Windows logo, MSN, MSN logo (butterfly), and MSN Direct and/or other Microsoft products and services referenced herein 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 mentioned herein may be the trademarks of their respective owners. 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, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved. Certain software used in certain Microsoft web sites 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 web sites servers is copyright © 1986-1993 Thomas Williams, Colin Kelley. All rights reserved.
Stock Quotes. Stock quotes appearing on the service are supplied by S&P ComStock, Inc. ("ComStock").Unless otherwise indicated, stock quotes are delayed at least 20 minutes (NASDAQ stock quotes are delayed at least 15 minutes). Stock quotes indicated as "real-time quotes" are made available without delay following their receipt from ComStock. Your actual receipt of real-time quotes may be affected by delays in transmission over the Internet, and by other causes. All stock quotes are labeled with "time of last trade" to indicate the timeliness of the data. All information provided by ComStock and its affiliates (the "ComStock Information") included in the service is owned by or licensed to ComStock and its affiliates and any user is permitted to store, manipulate, analyze, reformat, print and display the ComStock Information only for such user's personal use. In no event shall any user publish, retransmit, redistribute or otherwise reproduce any ComStock Information in any format to anyone, and no user shall use any ComStock 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. Prior to the execution of a security trade based upon the ComStock Information, you are advised to consult with your broker or other financial representative to verify pricing information. Neither ComStock nor its affiliates make any express or implied warranties (including, without limitation, any warranty or merchantability or fitness for a particular purpose or use) regarding the ComStock Information. The ComStock Information is provided to the users "as is." Neither ComStock nor its affiliates will be liable to any user or anyone else for any interruption, inaccuracy, error or omission, regardless of cause, in the ComStock Information or for any damages (whether direct or indirect, consequential, punitive or exemplary) resulting therefrom.
Parental Controls. Microsoft offers parental control protections that help you limit access to material that is harmful to minors. If you are interested in learning more about these protections, information is available at http://www.staysafe.org (available in English only) or other similar sites providing information on parental control protections.
Financial Notice. Microsoft is not a broker/dealer or registered investment advisor under United States 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 constitute an offer or solicitation to buy or sell any security. Microsoft does not endorse or recommend any particular financial products or services. Nothing contained in the service is intended to constitute professional advice, including but not limited to, investment or tax advice.
Respect Copyright. Please respect the rights of artists and creators. Content such as music, photos and video may be protected by copyright. People appearing in content may have a right to control use of their image. You may not share other people's content unless you own the rights or have permission from the owner.
Support. Customer support is not offered for the service, unless provided otherwise in this contract or the materials we publish in connection with a particular service specify that it includes customer support.