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TERMS OF SERVICE FOR MICROSOFT WEB
RESOURCES FOR DEVELOPERS SITE
BY ACCESSING OR OTHERWISE USING THE MICROSOFT WEB
RESOURCES FOR DEVELOPERS SITE HOSTED BY EXSILIO CONSULTING,
INC. ON BEHALF OF MICROSOFT CORPORATION (“SITE”), YOU AGREE
TO BE BOUND BY THE TERMS OF THESE TERMS OF SERVICE. If you
do not agree to these Terms of Service, you are not
authorized to access or make use of the Site.
These Terms of Service comprise a legal agreement
between you and Microsoft, and govern your use of the Site.
SITE USE:
Site use excludes functionality that (1) involves
installation of any Microsoft Software directly on any
Device such that a User could interact with the Microsoft
Software even if, the Device were not connected to the
Evaluation Website, (2) saving of files to a Device, (3)
printing and (4) retaining any data from a Session.
PRIVACY
MICROSOFT’S PRIVACY POLICY WITH REGARD TO YOUR USE OF THE
SITE AND INFORMATION YOU POST, UPLOAD, OR OTHERWISE DISCLOSE
IN CONNECTION WITH THE SITE IS LOCATED AT
HTTP://PRIVACY.MICROSOFT.COM/EN-US/DEFAULT.ASPX.
YOUR WARRANTIES
You make the following representations and warranties.
Microsoft shall have the right to terminate your access to
the Site, without notice at any time, if any representation
warranty made by you proves to be untrue in any respect.
You represent and warrant that:
- You will not use this Site for any purpose that is
unlawful, or prohibited by these Terms of Service;
- You will not interfere with or disrupt the Site or
servers or any network connected to the Site; and
- You have and control all of the intellectual
property, proprietary and similar rights necessary for
all material you post, upload, or otherwise submit to
the Site.
You agree that you will defend and indemnify Microsoft
and its suppliers from any third party claim related to a
breach of any of the foregoing warranties.
LIMITATIONS OF LIABILITY AND DISCLAIMERS
Your access to and use of the Site is at Your own risk.
Microsoft makes no guarantees of any kind regarding the
dependability, accuracy, security, timeliness or
availability of the Site. Without limiting the foregoing,
NEITHER MICROSOFT NOR ITS RESPECTIVE SUPPLIERS MAKE ANY
REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION,
SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS,
SECURITY, TIMELINESS, OR ACCURACY OF THE SITE FOR ANY
PURPOSE. THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF
ANY KIND. MICROSOFT AND ITS RESPECTIVE SUPPLIERS HEREBY
DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS,
EXPRESS OR IMPLIED, WITH REGARD TO THE SITE, INCLUDING ALL
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION:
- DAMAGES FOR LOSS OF USE, DATA, ACCOUNTS, REVENUES OR
PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OR PERFORMANCE OF THE SITE;
- OTHERWISE ARISING OUT OF THE USE OF THE SITE,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF MICROSOFT OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS
OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SITE.
GENERAL
These Terms of Service are 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, USA in all disputes arising out of or
relating to the use of the Site. If any part of these Terms
of Service is determined to be invalid or unenforceable
pursuant to applicable law, 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 these
Terms of Service shall continue in effect. Unless otherwise
specified herein, these Terms of Service, and the Privacy
Statement constitute your entire agreement with Microsoft
with respect to the Site and they supersede all prior or
contemporaneous communications and proposals, whether
electronic, oral or written, between you and Microsoft with
respect to the Site. Any rights not expressly granted herein
are reserved by Microsoft.
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