Microsoft Imagine Subscription Agreement Direct Subscriptions

Transcription

1 Micrsft Imagine Subscriptin Agreement Direct Subscriptins Revised: June 2016 This Micrsft Imagine Subscriptin Agreement ( Agreement ) is an agreement between yu and Micrsft Crpratin, r based n where yu live, ne f its affiliates ( Micrsft, we, us, r ur ). Please read this Agreement carefully. It gverns yur access t and use f a Micrsft Imagine Direct Subscriptin ( Subscriptin ), including any cmpetitins, develper tls, nline learning, sftware, media, cntent, materials, services, updates, supplements, internet-based services, prmtins, and supprt services that yu may receive thrugh the Subscriptin ( Subscriptin Benefits ), unless ther terms accmpany thse Subscriptin Benefits, in which case thse terms apply. By registering fr a Subscriptin, clicking an I Accept buttn, Register buttn, checkbx r ther functinally equivalent cntrl, r by using r accessing Subscriptin Benefits, yu cnfirm that yu agree t the terms and cnditins f this Agreement. If yu d nt agree, d nt register fr r activate a Subscriptin r access any Subscriptin Benefits. Please read, print and save a cpy f these terms and cnditins fr yur recrds because a cpy wn t be saved fr yu. 1. Eligibility In this Agreement, yu means either a student r educatr at an educatinal institutin. Educatinal Institutin means an entity rganized and perated exclusively fr the purpse f teaching its enrlled students, and which is accredited by the apprpriate recgnized educatin accreditatin agency within the gegraphic territry it is lcated in. Student means the named, designated subscriber wh is (a) a hlder f a valid Subscriptin and a Micrsft accunt assciated with the Subscriptin, (b) an individual persn (nt a crprate entity), and (c) actively enrlled part r full-time in and attending curses at an Educatinal Institutin that lead t academic credit, certificatin r a degree. Educatr means a faculty member emplyed part r full-time t teach r facilitate curses fr Students, r cnduct nn-cmmercial research n behalf f an Educatinal Institutin. Subscriptin Benefits prvided t Educatrs are prvided slely t supprt student cursewrk, academic research r student prjects assciated with such cursewrk r research, and nt fr the persnal use r benefit f any individual Educatr. The Subscriptin must be used in accrdance with applicable laws and regulatins regarding gratuitus services t Educatinal Institutins, including the gifting plicies f the institutin. Use must be discntinued if there is a cnflict r incnsistency with thse laws, regulatins r plicies. Yu shuld discuss the Subscriptin with yur institutin s ethics fficer in advance f Subscribing t ensure cmpliance with yur institutin s gifting plicies. Micrsft waives any and all entitlement t cmpensatin frm the Educatinal Institutin fr the Subscriptin Benefits. 2. Subscriptin

2 The Subscriptin prvides yu with access t the Micrsft Imagine cmmunity and certain assciated Subscriptin Benefits available thrugh the Micrsft Imagine prtal ( Certain Subscriptin Benefits may require yu t verify yur eligibility n an annual basis in rder t access them. When yur Subscriptin cncludes, yu will n lnger have access t certain Subscriptin Benefits, new activatins r prduct keys; hwever, yu may cntinue t use the sftware yu btained during yur Subscriptin, subject t the terms f this Agreement. 3. Updates r changes t the Subscriptin Benefits Micrsft reserves the right t change any aspect f the Subscriptin r these terms, including any Subscriptin Benefits, at any time. Such updates may be psted t the Micrsft Imagine prtal ( in an ntificatin, presented upn lg-in, r thrugh ther reasnable means. Yu shuld visit the Subscriptin prtal at least nce every thirty (30) days t check fr ptential ntice f changes. Using yur Subscriptin after the changes becme effective means yu agree t the new terms. If yu dn t agree t the new terms, yu must stp using the Subscriptin and clse yur Subscriptin. Otherwise, the new terms will apply t yu. 4. Using the Subscriptin Benefits Yur Subscriptin will prvide yu with access t certain Subscriptin Benefits expressly intended t supprt yur educatin r teaching, nn-cmmercial research, r effrts t design, develp, test, and demnstrate sftware applicatins fr the abve purpses. Subscriptin Benefits are persnal t yu and yu may nt transfer, sell, share, sublicense, assign, r lend them. Yur access t and use f the Subscriptin Benefits are subject t the terms f this Agreement and any separate terms that are specific t the particular benefit. Yu must have a current, active Subscriptin in rder t access mst f the Subscriptin Benefits. a. Sftware; clud services; develper i. Installatin; use. Yur installatin and use f any sftware; clud services r develper tls prvided as Subscriptin Benefits is subject t separate license terms prvided with the sftware, services r tls, such as click-thrugh license terms, except fr any changes t thse terms that are prvided in this Agreement. Yu may nly use these Subscriptin Benefits in a virtual envirnment if allwed by the specific prduct end user license. Of curse, yu may nt use the sftware, clud services f develper tls t develp any frm f malicius sftware r spamware. ii. Activatin. Certain sftware may require activatin. If s, yu must activate the sftware within the gegraphic regin assciated with yur Subscriptin.

3 iii. Prduct keys. Certain sftware may require a key t install r access it. Nt all sftware is prvided with the same number f keys. Yu are respnsible fr the use f any keys assigned t yu. Yu may nt transfer, sell, share, sublicense, assign, r lend keys. Key activity is mnitred. Micrsft reserves the right t suspend r terminate yur Subscriptin r access t the sftware, withut any ntice r bligatin t yu, if we detect suspicius activity related t keys r activatins. Micrsft reserves the right t determine in its sle discretin whether an activity cnstitutes suspicius activity. Micrsft may deactivate r therwise limit yur keys when yur Subscriptin ends. Deactivated keys will nt be able t activate sftware. Yu will nt engage in r facilitate the unauthrized manufacture, duplicatin, delivery, sale, transfer r use f cunterfeit, pirated, unlicensed r illegal Micrsft prducts r services, r therwise infringe any f Micrsft s intellectual prperty rights. Yu will timely reprt t Micrsft any suspected cunterfeiting, piracy r ther intellectual prperty infringement, and will reasnably cperate with Micrsft and its affiliates in the investigatin f any such activities. Yu may nt use Subscriptin Benefits t prvide any services t thers (such as hsting, web agency, integratin r utsurced develpment, etc.). iv. Third party sftware. The sftware may include third party cde. Any third party scripts r cde, linked t r referenced frm the sftware, are licensed t yu by the third parties that wn such cde, nt by Micrsft. Ntices, if any, fr the third party cde are included fr yur infrmatin nly. The sftware included in the Subscriptin is licensed, nt sld, and Micrsft reserves all rights t the sftware nt expressly granted by Micrsft, whether by implicatin, estppel, r therwise. b. Events; cmpetitins; cntests; ther prmtins. Mst events, cmpetitins, cntests, r ther prmtins will generally have separate terms and cnditins assciated with their participatin, which yu must agree t in rder t attend. c. Publish apps. If yu elect t publish a sftware applicatin ( app ) that yu have develped using the Subscriptin Benefits, yu will need t enter a prmtinal cde at create a develper accunt and agree t all applicable terms and cnditins assciated with the particular app stre in rder t access this benefit. d.third party ffers. The Subscriptin may allw yu t access r acquire prducts, services, websites, links, cntent, material, games r applicatins frm third parties (cmpanies r peple wh are nt Micrsft). Such third parties may present yu with a privacy plicy r require yu t accept additinal terms f use befre yu can install r use their apps, services r ther fferings; yu shuld review any additinal terms and privacy plicies befre acquiring r using the third party fferings. Any additinal third party terms d nt mdify any f these terms.

4 Yu are respnsible fr yur dealings with third parties. Micrsft des nt license any intellectual prperty t yu as part f any third party ffering and is nt respnsible fr infrmatin prvided by third parties t yu, r by yu t any third parties. e. Other benefits. Other Subscriptin Benefits that d nt include sftware r which may be presented frm time t time may be subject t separate terms. 5. Yur Cntent Certain Subscriptin Benefits r Micrsft websites that yu use in cnnectin with yur Subscriptin may allw yu t stre r share cntent that yu generate ( Yur Cntent ) r receive material frm thers. We dn t claim wnership f Yur Cntent. Yur Cntent remains Yur Cntent and yu are respnsible fr it. Yu are als respnsible fr respecting thers rights, including cpyright. Learn mre abut cpyright at ( When yu share Yur Cntent thrugh the Subscriptin r n Micrsft websites, yu represent and warrant that yu have (and will have) all the rights and permissins necessary fr Yur Cntent that is upladed, stred r shared and that such uplading, strage r sharing cmplies with the Micrsft Services Agreement ( and Terms f Use ( 6. Prhibited Use f Subscriptin Benefits As a cnditin f yur use f Subscriptin Benefits, yu will nt use them fr any purpse that is unlawful r prhibited by these terms, cnditins, and ntices. Yu may nt use the Subscriptin Benefits in any manner that culd damage, disable, verburden, r impair any Micrsft server, r the netwrk(s) cnnected t any Micrsft server, r interfere with any ther party's use and enjyment f any Subscriptin Benefits. Yu may nt attempt t gain unauthrized access t any Subscriptin Benefits, ther accunts, cmputer systems, r netwrks cnnected t any Micrsft server r t any f the Subscriptin Benefits, thrugh hacking, passwrd mining, r any ther means. Yu may nt btain r attempt t btain any materials r infrmatin thrugh any means nt intentinally made available thrugh the Subscriptin Benefits. The Subscriptin Benefits and assciated website(s) may cntain services, bulletin bard services, chat areas, frums, cmmunities, persnal web pages, calendars, pht albums, file cabinets, and/r ther message r cmmunicatin facilities designed t enable yu t cmmunicate with thers ("Cmmunicatin Services"). Yu agree t use the Cmmunicatin Services nly t pst, send, and receive messages and material that are prper and, when applicable, related t the particular Cmmunicatin Service. By way f example, and nt as a limitatin, yu agree that when using the Cmmunicatin Services, yu will nt:

5 Use the Cmmunicatin Services in cnnectin with surveys, cntests, pyramid schemes, chain letters, junk , spamming, r any duplicative r unslicited messages (cmmercial r therwise). Defame, abuse, harass, stalk, threaten, r therwise vilate the legal rights (such as rights f privacy and publicity) f thers. Publish, pst, uplad, distribute, r disseminate any inapprpriate, prfane, defamatry, bscene, indecent, r unlawful tpic, name, material, r infrmatin. Uplad, r therwise make available, files that cntain images, phtgraphs, sftware, r ther material prtected by intellectual prperty laws, including, by way f example, and nt as limitatin, cpyright r trademark laws (r by rights f privacy r publicity) unless yu wn r cntrl the rights theret r have received all necessary cnsent t d the same. Use any material r infrmatin, including images r phtgraphs, which are made available thrugh the Cmmunicatin Services in any manner that infringes any cpyright, trademark, patent, trade secret, r ther prprietary right f any party. Uplad files that cntain viruses, Trjan hrses, wrms, time bmbs, ransmware, cancelbts, crrupted files, malware in general, r any ther similar sftware r prgrams that may damage the peratin f anther's cmputer r prperty f anther. Advertise r ffer t sell r buy any gds r services fr any business purpse, unless such Cmmunicatin Services specifically allws such messages. Dwnlad any file psted by anther user f a Cmmunicatin Service that yu knw, r reasnably shuld knw, cannt be legally reprduced, displayed, perfrmed, and/r distributed in such manner. Falsify r delete any cpyright management infrmatin, such as authr attributins, legal r ther prper ntices, r prprietary designatins r labels f the rigin r surce f sftware r ther material cntained in a file that is upladed. Restrict r inhibit any ther user frm using and enjying the Cmmunicatin Services. Vilate any cde f cnduct r ther guidelines which may be applicable fr any particular Cmmunicatin Service. Harvest r therwise cllect infrmatin abut thers, including addresses. Vilate any applicable laws r regulatins. Create a false identity fr the purpse f misleading thers. Use, dwnlad, r therwise cpy, r prvide (whether r nt fr a fee) t a persn r entity any directry f users f the Subscriptin Benefits r ther user r usage infrmatin r any prtin theref. Micrsft has n bligatin t mnitr the Cmmunicatin Services. Hwever, Micrsft reserves the right t review materials psted t the Cmmunicatin Services and t remve any materials in its sle discretin. Micrsft reserves the right at all times t disclse any infrmatin as Micrsft deems necessary t satisfy any applicable law, regulatin, legal prcess, r gvernmental request, r t edit, refuse t pst, r t remve any infrmatin r materials, in whle r in part, in Micrsft's sle discretin.

6 Always use cautin when giving ut any persnally identifiable infrmatin abut yurself and sensitive infrmatin in any Cmmunicatin Services. Micrsft des nt cntrl r endrse the cntent, messages r infrmatin fund in any Cmmunicatin Services, and Micrsft specifically disclaims any liability with regard t the Cmmunicatin Services. Managers and hsts are nt authrized Micrsft spkespersns, and their views d nt necessarily reflect thse f Micrsft. Materials upladed t the Cmmunicatin Services may be subject t psted limitatins n usage, reprductin, r disseminatin. Yu are respnsible fr adhering t such limitatins if yu dwnlad the materials. 7. Parental r legal guardian cnsent By registering fr a Subscriptin r accessing Subscriptin Benefits, yu represent t us that yu are lawfully able t enter int cntracts and have either reached the age f "majrity" where yu live r have valid parent r legal guardian cnsent t be bund by the terms f this Agreement. If yu d nt knw whether yu have reached the age f majrity where yu live, r d nt understand this sectin, please ask yur parent r legal guardian fr help befre yu create a Micrsft accunt r register fr a Subscriptin. If yu are the parent r legal guardian f a minr that creates a Micrsft accunt r registers fr a Subscriptin, yu accept this Agreement n the minr s behalf and are respnsible fr all use f the Subscriptin and Subscriptin Benefits, whether the minr s accunt is nw pen r created later. 8. Privacy and prtectin f persnal infrmatin T prvide the Subscriptin, Micrsft cllects certain infrmatin abut yu. Micrsft may als autmatically uplad infrmatin abut yur cmputer, yur use f the Subscriptin, and Subscriptin perfrmance. Micrsft uses and prtects that infrmatin as described in the Micrsft Privacy Statement ( By signing up fr Micrsft Imagine, yu re agreeing that Micrsft and its family f cmpanies may send yu prgram s and a mnthly student newsletter (if available) with infrmatin abut Micrsft Imagine including sftware, services, cntests and resurces available t Students at n cst thrugh the Micrsft Imagine prgram. If yu n lnger wish t receive prgram s fr Micrsft Imagine, yu must terminate yur membership in the prgram. Please visit the Prmtinal Cmmunicatins Manager ( t set yur cntact preferences fr ther Micrsft cmmunicatins. When there is smething imprtant t tell yu abut yur Subscriptin use, we may send ntificatins t the assciated with yur Micrsft accunt. 9. Ending the Subscriptin

7 Once yu n lnger meet the eligibility criteria fr the Subscriptin as defined under sectin 1 f this Agreement, yur access t certain Subscriptin Benefits that require annual verificatin f eligibility will terminate as f the date f nnrenewal. Hwever, Micrsft may terminate yur Subscriptin r access t any Subscriptin Benefits at any time, with r withut ntice t yu, in the event f a material vilatin f the Agreement, including all use rights assciated with any sftware and any rights granted under Sectin 2 f the Agreement. 10. Supprt services If supprt services are prvided as a part f the Subscriptin, such services may be subject t separate terms. Any supprt services ffered as a part f the Subscriptin must be used slely t supprt yur use f the Subscriptin. Generally, sftware and ther services prvided under the Subscriptin are prvided as is and we d nt prvide supprt services fr them. 11. Entire Agreement; assignment and transfer This Agreement, and the terms fr any Subscriptin Benefits yu use, including separate terms fr ther Micrsft websites and services that yu may use in cnnectin with yur Subscriptin, are the entire agreement fr the Subscriptin. 12. Applicable law Washingtn state law gverns the interpretatin f this Agreement and applies t claims fr breach f it, regardless f cnflict f laws principles. The laws f the state r cuntry where yu live gvern all ther claims, including claims under state r cuntry cnsumer prtectin laws, unfair cmpetitin laws, and in trt. Yu might have certain rights which the law that applies t yu says cannt be excluded. Nthing we say in this Agreement will affect thse legal rights. 13. Effect f lcal laws This Agreement describes certain legal rights. Yu may have ther rights under the law applicable t yu relating t the Subscriptin and Subscriptin Benefits. This Agreement des nt change yur rights under the laws f yur cuntry if the laws f yur cuntry d nt permit it t d s even if we say smething which sunds like it cntradicts yur legal rights. That s what we mean when we say subject t applicable law. 14. DISCLAIMER OF WARRANTY Subject t applicable law, Micrsft prvides the Subscriptin and the sftware available thrugh it "as-is," "with all faults," and "as available." Yu bear the risk

8 f using the Subscriptin and the sftware. We d nt guarantee the suitability, reliability, availability, r accuracy f the sftware r any ther Subscriptin Benefits, r that yur access t the sftware will be uninterrupted, secure, r errrfree. Micrsft gives n express warranties, guarantees, r cnditins. We disclaim all warranties with regard t the Subscriptin and the sftware, including any implied warranties (e.g., thse f merchantability, fitness fr a particular purpse, wrkmanlike effrt, title and nn-infringement). Yu may have additinal cnsumer rights r statutry guarantees under yur lcal laws that this Agreement cannt change. This paragraph applies instead f any express warranty prvided in the license terms that accmpany any sftware. All such express warranties are excluded. FOR AUSTRALIA if yu live in Australia yu have statutry guarantees under the Australian Cnsumer Law and nthing in these terms is intended t affect thse rights. 15. LIABILITY LIMITATION Yu can recver frm Micrsft and its suppliers nly direct damages up t U.S. $5.00. Yu cannt recver any ther damages, including cnsequential, lst prfits, special, indirect r incidental damages.this limitatin applies t anything related t this Agreement. It als applies even if Micrsft knew r shuld have knwn abut the pssibility f the damages. The abve limitatin r exclusin may nt apply t yu because yur cuntry may nt allw the exclusin r limitatin f incidental, cnsequential r ther damages. Nthing excludes r limits ur liability fr death r bdily injury resulting frm ur negligence r fr fraudulent misrepresentatins. Fr questins abut Micrsft Imagine, r if yu need supprt, please visit ( psub&prductkey=imaginestudent&lcale=en-us). Yu can als lk up yur nearest Micrsft lcatin at (