ACCEPTANCE OF TERMS.
Microsoft reserves the right to update the TOU at any time without notice to you.
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If you do not agree to all of the terms and conditions contained in the TOU,
do not access or use the CodePlex web site.
DESCRIPTION OF SERVICES.
Throughout this Web site, Microsoft provides you with access to a variety of resources,
including download areas, communication forums and product information (collectively "Services").
The Services, including any updates, enhancements, and/or new features, are subject to the TOU.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
disclosures relating to the collection and use of your information.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE.
Any software that is made available to download from the Services ("Software") is the
copyrighted work of the registered users of the Services posting the Software, or their
suppliers. Use of the Software is governed by the terms of the end user license agreement,
if any, which accompanies or is included with the Software ("License Agreement"). An end
user will be unable to download any Software that is accompanied by or includes a License
Agreement, unless he or she first agrees to the License Agreement terms. If this web site
a license agreement, then Microsoft grants you the right to use that Software solely to
interact through your browser with this web site. Third party scripts and code linked to
or referenced from this website are licensed to you by the third parties that own such
code, and are not licensed by Microsoft other than for the purpose of viewing and
interacting with this website.
The Software is made available for download solely for use by end users according to the
License Agreement. Any reproduction or redistribution of the Software not in accordance with
the License Agreement is expressly prohibited by law.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR
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 DIRECTLY BY MICROSOFT 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 SERVICES 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 ON THE SERVICES OR IN MICROSOFT SOFTWARE PRODUCTS.
YOU ACKNOWLEDGE AND AGREE THAT: (i) MICROSOFT DOES NOT CONTROL, REVIEW, REVISE, ENDORSE, OR
ACCEPT RESPONSIBILITY FOR ANY MATERIALS, PROJECTS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING
THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES; (ii) MICROSOFT MAKES NO
REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES;
(iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) MICROSOFT
SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE.
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from
the Services 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 Services 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
Documents specified above do not include the design or layout of the CodePlex.com Web 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 SERVICES 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 SERVICES. THE DOCUMENTS AND RELATED
GRAPHICS PUBLISHED ON THE SERVICES 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 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 SERVICES, OR
INFORMATION AVAILABLE FROM THE SERVICES.
MEMBER ACCOUNT, PASSWORD, AND SECURITY.
If any of the Services requires you to open an account, you must complete the registration
process by providing us with current, complete and accurate information as prompted by the
applicable registration form. You also will choose a password and a user name. You are
entirely responsible for maintaining the confidentiality of your password and account.
Furthermore, you are entirely responsible for any and all activities that occur under your
account. You agree to notify Microsoft immediately of any unauthorized use of your account
or any other breach of security. Microsoft will not be liable for any loss that you may incur
as a result of someone else using your password or account, either with or without your
knowledge. However, you could be held liable for losses incurred by Microsoft or another
party due to someone else using your account or password. You may not use anyone else's
account at any time, without the permission of the account holder.
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Services, you will not use the Services for any purpose
that is unlawful or prohibited by these terms, conditions, and notices. You may not use the
Services 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. You may not attempt to gain unauthorized access to any Services,
other accounts, computer systems or networks connected to any Microsoft server or to any of the
Services, 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
USE OF SERVICES.
The Services may contain email services, bulletin board services, chat areas, news groups,
forums, communities, 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:
Use the Communication Services in connection with surveys, contests, pyramid schemes,
chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,
obscene, indecent or unlawful topic, name, material or information.
Use any material or information, including images or photographs, which are made available
through the Services in any manner that infringes any copyright, trademark, patent, trade
secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted
files, or any other similar software or programs that may damage the operation of another's
computer or property of another.
Advertise or offer to sell or buy any goods or services for any business purpose, unless
such Communication Services specifically allows such messages.
Download any file posted by another user of a Communication Service that you know, or
reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed
in such manner.
Falsify or delete any copyright management information, such as author attributions, legal or
other proper notices or proprietary designations or labels of the origin or source of software
or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
Harvest or otherwise collect information about others, including email addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or
entity any directory of users of the Services or other user or usage information or
any portion thereof.
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.
MATERIALS PROVIDED TO MICROSOFT OR POSTED AT ANY MICROSOFT WEB SITE.
Microsoft does not claim ownership of the materials you provide to Microsoft (including feedback
and suggestions regarding Codeplex or other Microsoft material posted on the site) or post,
upload, input or submit to any Services or its associated services for review by the general
public, or by the members of any public or private community, (each a "Submission" and collectively
"Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting")
your Submission you understand and agree that you’re giving a license under your intellectual
property rights to all authorized users, including the rights to download, copy, modify,
distribute and repost, unless the project licenses specify otherwise. In addition, you’re
giving Microsoft all the necessary rights to make your Submission(s) available on this site
and to make improvements to the CodePlex site based on your suggestions. Microsoft does not
control, review, revise, endorse or distribute third-party Submissions. Microsoft is hosting
the CodePlex site solely as a web storage site as a service to the developer community.
No compensation will be paid with respect to the use of your Submission, as provided
herein. Microsoft is under no obligation to post or use any Submission you may provide
and Microsoft may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control
without limitation, all the rights necessary for you to provide, post, upload, input
or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a Submission
that contain images, photographs, pictures or that are otherwise graphical in whole or in
part ("Images"), you warrant and represent that (a) you are the copyright owner of such
Images, or that the copyright owner of such Images has granted you permission to use such
Images or any content and/or images contained in such Images consistent with the manner
(b) you have the rights necessary to grant the licenses and sublicenses described in
of example, and not as a limitation, the distribution, public display and reproduction
of such Images. By Posting Images, you are granting (a) to all members of your private
community (for each such Images available to members of such private community), and/or
(b) to the general public (for each such Images available anywhere on the Services,
other than a private community), permission to use your Images in connection with the
example, and not as a limitation, making prints and gift items which include such Images),
and including, without limitation, a non-exclusive, world-wide, royalty-free license to:
copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate
and reformat your Images without having your name attached to such Images, and the right
to sublicense such rights to any supplier of the Services. The licenses granted in the
preceding sentences for Images will terminate at the time you completely remove such
Images from the Services, provided that, such termination shall not affect any licenses granted
in connection with such Images prior to the time you completely remove such Images. No
compensation will be paid with respect to the use of your Images.
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 Service Provider's Designated Agent. ALL INQUIRIES
NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.
See Notice and Procedure for Making
Claims of Copyright Infringement.
LINKS TO THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE MICROSOFT'S SITE. THE LINKED SITES ARE NOT UNDER THE
CONTROL OF MICROSOFT AND MICROSOFT IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY 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 RECEIVED FROM ANY LINKED SITE.
MICROSOFT IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY 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,
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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.
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