Windows Live Contacts Control Beta SDK License Agreement
This is an agreement between You ( “You”) and Microsoft Corporation (located at One Microsoft Way, Redmond, WA 98052-6399) regarding Your use of the Windows Live Contacts Control Beta SDK and any associated documentation, software code or other materials made available by Microsoft (collectively referred to in this agreement as the “SDK”). The SDK includes documentation for the Windows Live Contacts Control API (the “API”) and any software code provided by Microsoft in conjunction with such documentation. The SDK is made available by Microsoft to assist developers in integrating certain prerelease functionality of the Windows Live Contacts control service made available through the API (the “Service”) into web applications. This agreement applies to any updates, supplements or support services for the SDK, unless other terms accompany those items. If so, those other terms apply.
By installing, accessing or otherwise using the SDK, You accept the terms of this agreement. If You do not agree to the terms of this agreement, do not install, access or use the SDK or the API.
If You comply with this agreement, You have the rights below.
- USE OF THE SDK. Subject to Your compliance with this agreement, Microsoft hereby authorizes You to use the SDK solely for the purpose of creating web applications designed to operate with the Service (referred to as “Authorized Applications”). You may not rent, lease or lend any of Your rights in the SDK or access to the Service. You may reproduce the SDK, provided that You reproduce only complete copies, including without limitation all “read me” files, copyright notices, and other legal notices and terms that Microsoft has included in the SDK, and provided that You may not distribute any copy You make of the SDK.
- Distributable Code.If the SDK contains redistributable software code, You are permitted to include such code in Authorized Applications if You comply with the terms below.
- Right to Use and Distribute. You may modify, copy, and distribute the source form of code marked as “sample.” Such code is “Distributable Code”. You may permit distributors of Your Authorized Applications to copy and distribute the Distributable Code as part of those applications.
- Distribution Requirements. For any Distributable Code You distribute, You must
- require distributors and external end users to agree to terms that protect it at least as much as this agreement; and
- indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of Your applications.
- Distribution Restrictions. You may not
- alter any copyright, trademark or patent notice in the Distributable Code;
- use Microsoft’s trademarks in Your programs’ names or in a way that suggests Your applications come from or are endorsed by Microsoft;
- include Distributable Code in malicious, deceptive or unlawful applications; or
- modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that
- the code be disclosed or distributed in source code form; or
- others have the right to modify it.
- SCOPE OF LICENSE. The SDK is licensed, not sold. This agreement only gives You some rights to use the SDK. Microsoft reserves all other rights. Unless applicable law gives You more rights despite this limitation, You may use the SDK only as expressly permitted in this agreement. In doing so, You must comply with any technical limitations in the SDK that only allow You to use it in certain ways. You may not
-
- work around any technical limitations in the SDK;
- reverse engineer, decompile or disassemble the SDK, except and only to the extent that applicable law expressly permits, despite this limitation;
- make more copies of the SDK than specified in this agreement or allowed by applicable law, despite this limitation;
- publish the SDK for others to copy; or
- rent, lease or lend the SDK.
- Export Restrictions. The SDK 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 SDK. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting
- Support. Microsoft is not obligated to provide any technical or other support (“Support Services”) for the SDK or Service to You. However, if Microsoft chooses to provide any Support Services to You, Your use of such Support Services will be governed by Microsoft policies. With respect to any technical or other information You provide to Microsoft in connection with the SDK, Service or any Support Services, You agree that Microsoft has an unrestricted right to use such information for its business purposes, including for product support and development. Microsoft will not use such information in a form that personally identifies You.
- Fees. Microsoft may choose in the future to charge for use of the SDK, API and/or Service. If Microsoft in its sole discretion chooses to establish fees and payment terms for such use, Microsoft will provide notice of such terms as provided in Section 10 below, and You may elect to stop using the SDK, API and/or Service rather than incurring fees.
- TERMINATION. Microsoft reserves the right to discontinue offering the SDK, API and Service or to modify the SDK, API or Service at any time in its sole discretion. If You are dissatisfied with any aspect of the SDK, API or Service at any time, Your sole and exclusive remedy is to cease using them. Notwithstanding anything contained in the agreement to the contrary, Microsoft may also, in its sole discretion, terminate or suspend access to the API and Service to You or any end user at any time. You acknowledge that termination and/or monetary damages may not be a sufficient remedy if You breach this agreement and that Microsoft will be entitled, without waiving any other rights or remedies, to injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction in the event of a breach. This Section and Sections 3, 4, 11, 12, 13, 14, 15 and 16 will survive termination of this agreement or any discontinuation of the offering of the SDK, API or Service, along with any other provisions that would reasonably be deemed to survive such events.
- RESERVATION OF RIGHTS. Except for the licenses expressly granted under this Agreement, Microsoft and its suppliers retain all right, title and interest in and to the SDK, API, Service, and all intellectual property rights therein. You are not authorized to alter, modify, copy, edit, format, create derivative works of or otherwise use any materials, content or technology provided under this Agreement except as explicitly provided in this agreement or approved in advance in writing by Microsoft.
- MODIFICATIONS; NOTICES. If we change this contract, then we will give you notice before the change is in force. If you do not agree to these changes, then you must cancel and stop using the SDK, Service and API before the changes are in force. If you do not stop using the SDK, Service or API, then your use of the SDK, Service or API will continue under the changed contract. Microsoft may give notices to You, at Microsoft's option, by posting on any portion of www.msdn.com/msn or by electronic mail to any e-mail address provided by You to Microsoft.
- Entire Agreement. This agreement, and the terms for the Windows Live Contacts Control Beta Terms of Use, are the entire agreement with respect to the SDK, the Service and the API.
- Applicable Law
- United States. If You acquired the SDK in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where You live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
- Outside the United States. If You acquired the SDK in any other country, the laws of that country apply.
- Legal Effect. This agreement describes certain legal rights. You may have other rights under the laws of Your country. This agreement does not change Your rights under the laws of Your country if the laws of Your country do not permit it to do so.
- Disclaimer of Warranty. The SDK is licensed “as-is.” You bear the risk of using it. Microsoft gives no express or implied warranties, guarantees or conditions. You may have additional consumer rights under Your local laws which this agreement cannot change. To the extent permitted under Your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- Limitation on and Exclusion of Remedies and Damages You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
- anything related to the SDK, services, content (including code) on third party Internet sites, or third party programs; and
- claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to You because Your country may not allow the exclusion or limitation of incidental, consequential or other damages.