EULA : SUN JRE

Sun Microsystems, Inc. Binary Code License Agreement

for the JAVA SE RUNTIME ENVIRONMENT (JRE) VERSION 6

SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE SOFTWARE IDENTIFIED BELOW TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS BINARY CODE LICENSE AGREEMENT AND SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT"). PLEASE READ THE AGREEMENT CAREFULLY. BY DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU ACCEPT THE TERMS OF THE AGREEMENT. INDICATE ACCEPTANCE BY SELECTING THE "ACCEPT" BUTTON AT THE BOTTOM OF THE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY ALL THE TERMS, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THE AGREEMENT AND THE DOWNLOAD OR INSTALL PROCESS WILL NOT CONTINUE.

1. DEFINITIONS. "Software" means the identified above in binary form, any other machine readable materials (including, but not limited to, libraries, source files, header files, and data files), any updates or error corrections provided by Sun, and any user manuals, programming guides and other documentation provided to you by Sun under this Agreement. "General Purpose Desktop Computers and Servers" means computers, including desktop, laptop and tablet computers, or servers, used for general computing functions under end user control (such as but not specifically limited to email, general purpose Internet browsing, and office suite productivity tools). The use of Software in systems and solutions that provide dedicated functionality (other than as mentioned above) or designed for use in embedded or function-specific software applications, for example but not limited to: Software embedded in or bundled with industrial control systems, wireless mobile telephones, wireless handheld devices, kiosks, TV/STB, Blu-ray Disc devices, telematics and network control switching equipment, printers and storage management systems, and other related systems is excluded from this definition and not licensed under this Agreement. "Programs" mean Java applets and applications intended to run on the Java Platform, Standard Edition (Java SE) on Java-enabled general purpose desktop computers and servers.

2. LICENSE TO USE. Subject to the terms and conditions of this Agreement, including, but not limited to the Java Technology Restrictions of the Supplemental License Terms, Sun grants you a non-exclusive, non-transferable, limited license without license fees to reproduce and use internally Software complete and unmodified for the sole purpose of running Programs. Additional licenses for developers and/or publishers are granted in the Supplemental License Terms.

3. RESTRICTIONS. Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by Sun and/or its licensors. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. You acknowledge that Licensed Software is not designed or intended for use in the design, construction, operation or maintenance of any nuclear facility. Sun Microsystems, Inc. disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of Sun or its licensors is granted under this Agreement. Additional restrictions for developers and/or publishers licenses are set forth in the Supplemental License Terms.

4. LIMITED WARRANTY. Sun warrants to you that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except for the foregoing, Software is provided "AS IS". Your exclusive remedy and Sun's entire liability under this limited warranty will be at Sun's option to replace Software media or refund the fee paid for Software. Any implied warranties on the Software are limited to 90 days. Some states do not allow limitations on duration of an implied warranty, so the above may not apply to you. This limited warranty gives you specific legal rights. You may have others, which vary from state to state.

5. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

6. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose. Some states do not allow the exclusion of incidental or consequential damages, so some of the terms above may not be applicable to you.

7. TERMINATION. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Sun if you fail to comply with any provision of this Agreement. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right. Upon Termination, you must destroy all copies of Software.

8. EXPORT REGULATIONS. All Software and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.

9. TRADEMARKS AND LOGOS. You acknowledge and agree as between you and Sun that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET-related trademarks, service marks, logos and other brand designations ("Sun Marks"), and you agree to comply with the Sun Trademark and Logo Usage Requirements currently located at http://www.sun.com/policies/trademarks. Any use you make of the Sun Marks inures to Sun's benefit.

10. U.S. GOVERNMENT RESTRICTED RIGHTS. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).

11. GOVERNING LAW. Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.

12. SEVERABILITY. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.

13. INTEGRATION. This Agreement is the entire agreement between you and Sun relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.

SUPPLEMENTAL LICENSE TERMS

These Supplemental License Terms add to or modify the terms of the Binary Code License Agreement. Capitalized terms not defined in these Supplemental Terms shall have the same meanings ascribed to them in the Binary Code License Agreement . These Supplemental Terms shall supersede any inconsistent or conflicting terms in the Binary Code License Agreement, or in any license contained within the Software.

A. Software Internal Use and Development License Grant. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the Software "README" file incorporated herein by reference, including, but not limited to the Java Technology Restrictions of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license without fees to reproduce internally and use internally the Software complete and unmodified for the purpose of designing, developing, and testing your Programs.

B. License to Distribute Software. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the Software README file, including, but not limited to the Java Technology Restrictions of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license without fees to reproduce and distribute the Software, provided that (i) you distribute the Software complete and unmodified and only bundled as part of, and for the sole purpose of running, your Programs, (ii) the Programs add significant and primary functionality to the Software, (iii) you do not distribute additional software intended to replace any component(s) of the Software, (iv) you do not remove or alter any proprietary legends or notices contained in the Software, (v) you only distribute the Software subject to a license agreement that protects Sun's interests consistent with the terms contained in this Agreement, and (vi) you agree to defend and indemnify Sun and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software.

C. Java Technology Restrictions.  You may not create, modify, or change the behavior of, or authorize your licensees to create, modify, or change the behavior of, classes, interfaces, or subpackages that are in any way identified as "java", "javax", "sun" or similar convention as specified by Sun in any naming convention designation.

D. Source Code. Software may contain source code that, unless expressly licensed for other purposes, is provided solely for reference purposes pursuant to the terms of this Agreement. Source code may not be redistributed unless expressly provided for in this Agreement.

E. Third Party Code. Additional copyright notices and license terms applicable to portions of the Software are set forth in the THIRDPARTYLICENSEREADME.txt file. In addition to any terms and conditions of any third party opensource/freeware license identified in the THIRDPARTYLICENSEREADME.txt file, the disclaimer of warranty and limitation of liability provisions in paragraphs 5 and 6 of the Binary Code License Agreement shall apply to all Software in this distribution.

F. Termination for Infringement. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right.

G. Installation and Auto-Update.  The Software's installation and auto-update processes transmit a limited amount of data to Sun (or its service provider) about those specific processes to help Sun understand and optimize them.  Sun does not associate the data with personally identifiable information.  You can find more information about the data Sun collects at http://java.com/data/.

For inquiries please contact: Sun Microsystems, Inc., 4150 Network Circle, Santa Clara, California 95054, U.S.A.

EULA : MiniTool Partition Wizard Home Edition

MiniTool Partition Wizard Home Edition

Copyright (c) 2009 - 2013 MiniTool Solution Ltd., All rights reserved. 

END-USER LICENSE AGREEMENT

IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) later referred to as "LICENSEE" and MiniTool Solution Ltd. later referred to as "MiniTool Solution" for the software product MiniTool Partition Wizard Home Edition later referred to as "SOFTWARE". By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE. Installing and using the SOFTWARE signifies acceptance of these terms and conditions of the license.

The MiniTool Solution may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in this document. The furnishing of this document does not give you any license to these patents, trademarks, copyrights, or other intellectual property.

Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the SOFTWARE. The SOFTWARE is licensed, not sold.

1. LIMITATIONS

MiniTool Partition Wizard Home Edition is for private, noncommercial, home computer use only. Use of MiniTool Partition Wizard Home Edition within any organization or for commercial purpose is strictly prohibited.
The SOFTWARE may be freely distributed, if the distribution package is not modified. No person or company may charge a fee for the distribution of this SOFTWARE without written permission from the copyright holder.
LICENSEE may not reverse engineer, recompile, and disassembly, modify, translate the SOFTWARE and make any attempt to discover the source code of the SOFTWARE.
LICENSEE may not transfer, sell, re-sell, offer for sale or distribute the SOFTWARE. - The sale of copies of this SOFTWARE are strictly forbidden. It is a violation of this EULA to sell, loan, rent, lease, borrow, or transfer the use of copies of MiniTool Solution Software except if it's permitted by the terms and/or conditions of a separate agreement signed by MiniTool Solution.


2. DISCLAIMER OF WARRANTY.

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE DISTRIBUTED and SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY
OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED.
LICENSEE USES THE SOFTWARE AT HIS OWN RISK.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall the MiniTool Solution or its employees, contractors, agents, distributors or suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, loss of data, loss of business opportunity, loss or damages to property, injuries to any person or any pecuniary loss,) arising out of the use of or inability to use the SOFTWARE, even if the MiniTool Solution has been advised on the possibility of such damages. In any case, the MiniTool Solution entire liability under any provision of this EULA shall be limited EXCLUSIVELY TO PRODUCT REPLACEMENT.


The MiniTool Solution reserves all rights not expressly granted here.

EULA : DiskInternals Linux Reader

DiskInternals Linux Reader Copyright(c) 2003-2012 DiskInternals Research.
All rights reserved.

END-USER LICENSE AGREEMENT
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal
agreement between you (either an individual or a single entity) later referred
to as "LICENSEE" and DiskInternals Research later referred to as "DiskInternals" for
the software product DiskInternals Linux Reader later referred to as "SOFTWARE". By
installing, copying, or otherwise using the SOFTWARE, you agree to be bound by
the terms of this EULA. If you do not agree to the terms of this EULA, do not
purchase, install or use the SOFTWARE.

The DiskInternals may have patents, patent applications, trademarks, copyrights, or
other intellectual property rights covering subject matter in this document.
The furnishing of this document does not give you any license to these
patents, trademarks, copyrights, or other intellectual property.

SOFTWARE LICENSE

Copyright laws and international copyright treaties, as well as other
intellectual property laws and treaties protect the SOFTWARE. The SOFTWARE is
FREE.

1. GRANT OF LICENSE.
This EULA grants you the following rights:
-You may use this SOFTWARE. "Use" of the SOFTWARE means that you have loaded,
installed or run the SOFTWARE on to a computer or server.
-You may use this SOFTWARE in compliance with all applicable laws and not for
any unlawful purpose. Without limiting the foregoing, use, display or
distribution of this SOFTWARE together with material that is pornographic,
racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred,
discriminating or displaying prejudice based on religion, ethnic heritage,
race sexual orientation or age is strictly prohibited.

2. DISTRIBUTION.
This SOFTWARE may be distributed, provided that:
- Such distribution includes only the original distributive file supplied by
DiskInternals. You may not alter, delete or add any files in the distributive file or modify the SOFTWARE in any way.
- No money is charged to the person receiving this SOFTWARE, beyond
reasonable cost of packaging and other overhead.

3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
- You may not reverse engineer, recompile, and disassembly, modify, translate
the SOFTWARE and make any attempt to discover the source code of the SOFTWARE.
- You may not transfer, sell, re-sell, offer for sale or distribute the
SOFTWARE in any way except in accordance with paragraph 2 above. For
information about distribution of DiskInternals Software, contact us at
sales@DiskInternals.com.

4. DISCLAIMER OF WARRANTY.
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS"
AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY
OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED.
YOU USE THE SOFTWARE AT YOUR OWN RISK.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by
applicable law, in no event shall the DiskInternals or its employees, contractors,
agents, distributors or suppliers be liable for any special, incidental,
indirect, or consequential damages whatsoever (including, without limitation,
damages for loss of business profits, business interruption, loss of business
information, loss of data, loss of business opportunity, loss or damages to
property, injuries to any person or any pecuniary loss,) arising out of the
use of or inability to use the SOFTWARE, even if the DiskInternals has been advised on
the possibility of such damages. In any case, the DiskInternals entire liability under
any provision of this EULA shall be limited EXCLUSIVELY TO PRODUCT
REPLACEMENT.

5. GOVERNING LAW
This agreement shall by laws of the Province of Ontario and the laws of
Canada applicable therein. You hereby irrevocably attorn and submit to the
non-exclusive jurisdiction of the court of Toronto, Ontario, and any competent
Courts of Appeal there from. If any provision shall be considered unlawful,
void or otherwise unenforceable, then that provision shall be deemed severable
from this license and not affect the validity and enforceability of any other
provisions.

The DiskInternals reserves all rights not expressly granted here.

ACKNOWLEDGEMENT

I, the LICENSEE, acknowledge that I have read the above EULA and agree with
the terms and conditions of the agreement. I also agree that the EULA
supersedes any prior agreement, written or verbal, which may exist between me
and the DiskInternals on the subject of the SOFTWARE.

Smartfren :EULA

Syarat-syarat dan ketentuan-ketentuan berlangganan Paket Data Internet Smartfren ConneX

1.Paket Internet Smartfren ConneX ("Smartfren ConneX") adalah layanan akses data/internet (mobile broadband) melalui jaringan telekomunikasi Smartfren (800Mhz dan 1900Mhz) yang dapat dinikmati pelanggan Smartfren ("Pelanggan") pasca bayar dan prabayar, berdasarkan: (a) pilihan jumlah volume data yang dapat diunduh (download) atau diunggah (upload), atau (b) pilihan kecepatan akses data hingga kecepatan tertentu.

2.Smartfren menawarkan 2 (dua) jenis layanan akses data Smartfren Connex, yaitu: (a) Smartfren Connex Unlimited; dan  (b) Smartfren Connex Volume Base. Informasi, syarat-syarat dan ketentuan-ketentuan layanan kedua layanan data tersebut, dijelaskan berikut di bawah ini.

3.Smartfren ConneX Unlimited
    3.1 Smartfren ConneX Unlimited adalah layanan akses data/internet, dimana Pelanggan dapat melakukan akses data/internet dengan kecepatan akses data hingga kecepatan tertentu dalam jangka waktu tertentu ("Masa Aktif"), tanpa ada pembatasan jumlah, quota atau volume data yang dapat diakses.
    3.2 Smartfren menawarkan 3 (tiga) jenis layanan akses data Smartfren Connex Unlimited, yaitu: (1) Smartfren ConneX True Unlimited; (2) SmartFren Connex Unlimited (Special Program); dan (3) Smartfren Connex Postpaid Unlimited. Penjelasan mengenai kecepatan akses data, tarif (harian, mingguan atau bulanan), paket akses data, dan ketentuan lain dari masing-masing layanan akses data Smartfren Connex Unlimited tersebut dapat dilihat pada  www.smartfren.com.
    3.3 Untuk menjaga kualitas layanan Smartfren ConneX Unlimited dan menjaga kesetaraan kualitas layanan akses data bagi semua Pelanggan Smartfren, bila volume data/internet yang telah diakses (unduh maupun unggah) oleh Pelanggan  (Smartfren Connex Unlimited (Special Program) dan Smartfren Connex Postpaid Unlimited) telah mencapai jumlah atau volume data tertentu dalam 1 (satu) hari, maka kecepatan akses data/internet Pelanggan akan disesuaikan hingga kecepatan 153,6 kbps (Fair Usage Policy / FUP).  Kecepatan akses tersebut akan kembali ke kecepatan semula pada hari berikutnya. Informasi mengenai jumlah/volume akses data harian yang dikenakan penyesuaian akses data dapat dibaca di www.smartfren.com. Pelanggan dapat mengetahui volume data/intenet yang telah diakses dengan cara menghubungi customer care Smartfren di call centre 24 jam [881 dari nomor Smart Anda] atau [888 dari nomor Fren Anda].
    3.4 Pelanggan yang terkena ketentuan penyesuaian kecepatan akses data/internet pada butir 3.3 di atas (H+0), dapat menikmati kembali kecepatan akses data/internet berdasarkan paket Smartfren Connex Unlimited yang dipilih Pelanggan sejak pukul 03.00 di hari berikutnya (H+1), dengan terlebih dahulu memutuskan sambungan internet (disconnect) sebelum pukul 03.00 (H+1), dan kemudian menyambungkan kembali sambungan internet setelah pukul 03.00 (H+1).
    3.5 Pelanggan Smartfren Connex True Unlimited dapat menikmati layanan akses data/internet tanpa terkena ketentuan penyesuaian kecepatan akses data.
    3.6 Untuk menjaga kesinambungan layanan data bagi Pelanggan Smartfren Connex True Unlimited Premium, pada akhir masa berlangganan paket bulanan, paket Smartfren Connex True Unlimited Premium akan diperpanjang secara otomatis ("Auto Renewal"), sepanjang Pelanggan memiliki pulsa sebesar tarif bulanan paket Smartfren Connex True Unlimited Premium. Fitur Auto Renewal ini dapat di-nonaktifkan dengan cara mengirimkan SMS ke 123 dengan pesan �stop� sebelum berakhirnya masa berlangganan bulanan. Untuk keterangan lebih lanjut mengenai fitur Auto Renewal ini, pelanggan dapat menghubungi customer care Smartfren di call centre 24 jam [881 dari nomor Smart Anda] atau [888 dari nomor Fren Anda].
    3.7 Informasi mengenai Smartfren Connex True Unlimited, dapat dilihat selengkapnya  di www.smartfren.com.

4.Smartfren ConneX Volume Base
    4.1 Smartfren ConneX Volume Base adalah layanan akses data/internet dimana Pelanggan dapat memilih atau mengatur pemakaian akses data/internet sesuai atau berdasarkan dengan: (a) limit volume data/quota data tertentu; dan (b) Masa Aktif. Pelanggan Smartfren ConneX Volume Base dapat menikmati kecepatan akses unduh (download) hingga 3,1 Mbps dan kecepatan akses unggah (upload) hingga 1,8 Mbps.
    4.2 Informasi mengenai pilihan Masa Aktif (harian, mingguan atau bulanan), jenis paket data,  tarif, jumlah volume data  dan ketentuan lain dari masing-masing layanan akses data Smartfren Connex Volume Base tersebut dapat dilihat pada www.smartfren.com.
    4.3 Pelanggan dapat melakukan pembelian 2 (dua) atau lebih paket data Smartfren ConneX Volume Base yang berbeda, sepanjang paket data kedua atau selanjutnya memiliki volume/quota yang lebih besar daripada volume/quota yang sedang aktif. Volume/quota data gabungan yang dapat dinikmati oleh Pelanggan adalah akumulasi volume/quota dari paket-paket tersebut. Masa Aktif dari penggabungan ini adalah Masa Aktif yang terlama dari salah satu paket data tersebut, tidak berlaku akumulasi Masa Aktif.
    4.3 Untuk pelanggan Prabayar Smartfren, tarif paket data yang dipilih Pelanggan akan diperhitungkan dengan pulsa Pelanggan setelah registrasi aktifasi paket Smartfren ConneX Volume Base berhasil dilakukan. Untuk pelanggan Pascabayar, tarif paket data yang dipilih Pelanggan akan diperhitungkan dengan sisa batas kredit Pelanggan, dimana Pelanggan akan menyelesaikan tagihan jasa telekomunikasi pada tanggal jatuh tempo tagihan pembayaran jasa telekomunikasi.
    4.4 Pelanggan yang tertarik untuk memilih SmartFren Connex Volume Base, dapat mengaktifkan layanan akses data ini dengan mengikuti langkah-langkah sebagaimana dijelaskan di www.smartfren.com.
    4.5 Masa Aktif untuk paket layanan akses data Smartfren Connex Volume Base adalah Masa Aktif sesuai dengan paket akses data yang dipilih oleh Pelanggan sebagaimana tersebut pada www.smartfren.com, sepanjang quota volume belum tercapai. Dalam hal quota volume data yang dipilih telah tercapai, agar Pelanggan dapat tetap melakukan akses data/internet, Pelanggan dapat memilih pengaktifan paket-paket Smartfren ConneX yang ditawarkan.

5.Tarif Smartfren ConneX berlaku untuk penggunaan layanan akses data/internet, sedangkan panggilan keluar (voice call), pengiriman Short Message Service (SMS) dan/atau jasa telekomunikasi lainnya akan dikenakan tarif yang berlaku untuk masing-masing jasa telekomunikasi tersebut.

6.Pelanggan yang telah mengaktifkan layanan akses data Smartfren sebelum tanggal 1 Mei 2011, dapat menikmati layanan akses data SmartFren Connex True Unlimited maupun SmartFren Connex Volume Base tanpa dikenakan biaya registrasi apapun. Namun, apabila Pelanggan tersebut ingin menikmati paket SmartFren Connex Special Program Unlimited, Pelanggan disyaratkan untuk melakukan registrasi terlebih dahulu dan dikenakan biaya registrasi (one time) sebesar Rp. 20.000 (dua puluh ribu Rupiah). Bagi Pelanggan prabayar, biaya registrasi ini akan diperhitungkan pada pulsa yang dimiliki oleh Pelanggan, sedangkan bagi Pelanggan pascabayar, biaya registrasi ini akan ditagihkan kepada Pelanggan pada tagihan jasa telekomunikasi bulan berikutnya.

7.Pelanggan tidak diperkenankan untuk mengalihkan, menjual dan atau memindahtangankan layanan Smartfren ConneX kepada pihak manapun.

8.Pelanggan bertanggung jawab sepenuhnya atas penggunaan layanan akses data Smartfren ConneX termasuk tetapi tidak terbatas pada tagihan-tagihan yang timbul akibat pemakaian yang dilakukan oleh Pelanggan dan/atau oleh pihak ketiga dengan alasan apapun.  Dalam hal Nomor Pelanggan hilang atau disalahgunakan oleh pihak ketiga, Pelanggan dapat segera mengajukan blokir atau penutupan atas layanan Smartfren ConneX dengan menyampaikan permintaan blokir atau penutupan secara tertulis kepada SmartFren.

9.Smartfren tidak bertanggung jawab terhadap: (a) isi, kebenaran, kerahasiaan dari dokumen/data yang dikirim/diterima (unduh maupun unggah) oleh Pelanggan melalui layanan akses data Smartfren ConneX; (b) kerugian Pelanggan dan/atau pihak ketiga yang timbul akibat penggunaan akses layanan Smartfren ConneX, atau akibat-akibat lain yang dialami oleh Pelanggan, baik akibat langsung maupun tidak langsung.

10.Pelanggan Smartfren yang tidak mengaktifkan paket Smartfren Connex pada akhir Masa Aktif, tetap dapat melakukan akses data dengan kecepatan akses unduh (download) hingga 3,1 Mbps dan kecepatan akses unggah (upload) hingga 1,8 Mbps, dengan tarif akses data reguler sebesar tarif yang berlaku sebagaimana disebutkan pada www.smartfren.com.

11.Untuk memeriksa status aktifasi Smartfren ConneX, Pelanggan  dapat menggunakan fitur pengecekan status Smartfren ConneX melalui fasilitas sebagaimana tercantum pada panduan penggunaan layanan Smartfren Connex yang terdapat pada paket  kartu perdana (starter pack) atau bundling modem Smartfren ConneX atau dengan mengakses informasi sebegaiaman tersebut pada website Smartfren di  www.smartfren.com.

12.Kualitas layanan akses data/internet dapat mengalami penurunan apabila terjadi bencana alam, kebakaran, sabotase, perang, atau keadaan-keadaan lain yang terjadi di luar kekuasaan atau kendali Smartfren (force majeure).

13.Dari waktu ke waktu, Smartfren dapat melakukan perawatan atau perbaikan jaringan telekomunikasi, baik secara rutin atau insidentil. Smartfren akan berusaha agar perawatan atau perbaikan tersebut tidak mengurangi kualitas layanan akses data.

14.Smartfren ConneX akan berfungsi sangat baik bila Pelanggan melakukan akses data di daerah yang telah tercakup (coverage area) oleh jaringan layanan jasa telekomunikasi yang sudah memakai teknologi layanan Smartfren EVDO (Evolution Data Optimized).

15.Pelanggan dapat menikmati akses internet/data Smartfren ConneX dengan mengunakan perangkat modem atau perangkat telekomunikasi lainnya yang teknologinya mendukung (support) layanan akses data sesuai dengan syarat-syarat dan ketentuan-ketentuan yang berlaku. Smartfren akan menginformasikan perangkat-perangkat yang teknologinya mendukung (support) layanan akses adata tersebut, sebagaimana dapat diketahui Pelanggan melalui website Smartfren. Smartfren tidak bertanggung jawab atas tidak terpenuhinya tingkat layanan akses data Smartfren Connex atau  berkurangnya kualitas layanan akses data Smartfren ConneX atas pengunaan perangkat modem atau perangkat telekomunikasi lainnya selain yang diinformasikan oleh Smartfren.

16.Informasi mengenai daerah cakupan jaringan EVDO tersedia pada website Smartfren di  www.smartfren.com dan/atau dapat menanyakan secara langsung kepada customer care Smartfren di call centre 24 jam [881 dari nomor Smart Anda] atau [888 dari nomor Fren Anda]

17.Pelanggan yang bermaksud untuk mempergunakan paket akses data Smartfren ConneX namun berada di luar wilayah jangkauan (coverage area) jaringan Smartfren  EVDO, Pelanggan tetap dapat menikmati layanan teknologi 1X, dengan kecepatan akses unduh (download) hingga 153,6 Kbps dan kecepatan ungah (upload) hingga 128 Kbps, sepanjang Pelanggan berada di wilayah yang telah terjangkau (coverage area) oleh jaringan Smartfren dengan tekhnologi 1X.

18.Ketentuan penyesuaian kecepatan akses data akan dibelakukan pada  Pelanggan yang memakai layanan akses Smartfren ConneX di luar batas kewajaran atau berlebihan yang dapat mengganggu kenyamanan Pelanggan lain dalam melakukan akses data, termasuk tapi tidak terbatas pada penggunaan perangkat lunak dan/atau  aplikasi untuk melakukan upload dan/atau download file dengan volume/jumlah yang berlebihan secara bersamaan.

19.Pemakaian akses data yang berlebihan dapat juga disebabkan oleh pengiriman e-mail ke penerima dalam jumlah di luar batas kewajaran/berlebihan/spam, virus, hacking atau malwares lain yang mungkin sudah berada di dalam perangkat yang digunakan oleh Pelanggan, yang mana kegiatan ini mungkin tidak diketahui atau tidak dikenali dan dapat beroperasi di belakang aktifitas akses data/internet Pelanggan, dan Pelanggan wajib mengambil semua tindakan pencegahan dan tindakan yang diperlukan untuk memastikan bahwa kegiatan di atas dapat dikendalikan dan diminimalkan setiap saat, termasuk memiliki atau selalu melakukan pemuktakhiran (up date) antivirus.

20.Smartfren dapat melakukan tindakan tertentu namun tidak terbatas kepada  penghentian akses data  Pelanggan secara sementara maupun permanen ataupun melakukan tindakan lainnya yang dianggap perlu yang dikarenakan penggunaan layanan akses data oleh Pelanggan yang melanggar salah satu dan/atau beberapa ketentuan dari syarat dan ketentuan ini, maupun penggunaan layanan Smartfren ConneX  diluar batas kewajaran, termasuk tapi tidak terbatas pada penyebaran (broadcast) pesan/surat elektronik dalam jumlah di luar kewajaran secara bersamaan (spamming).

21.Pelanggan dapat melakukan akses data (unduh maupun unggah) dengan kecepatan maksimal tertentu sesuai dengan jenis paket akses data yang dipilih oleh Pelanggan.

22.Jaringan telekomunikasi yang dipergunakan untuk layanan akses data Smartfren Connex adalah jaringan telekomunikasi yang telah dibangun dan dioperasikan oleh Smartfren di Indonesia. Mengingat sifat dan tekhnologi dari jaringan telekomunikasi seluler, terdapat beberapa hal yang dapat menyebabkan bervariasinya kecepatan akses data Smartfren ConneX,   termasuk tapi tidak terbatas pada:
    a.cakupan jaringan (coverage area) di lokasi Pelanggan/pemakaian akses data/internet; dan
    b.waktu pemakaian akses data/internet; dan
    c.kondisi geografis di lokasi Pelanggan/pemakaian akses data/internet; dan
    d.jenis perangkat telekomunikasi yang dipergunakan untuk mengakses data/internet; dan
    e.struktur dan/atau lokasi bangunan dimana Pelanggan melakukan akses data/internet; dan
    f.jumlah pengguna jaringan akses data/internet di daerah sekitar lokasi Pelanggan/pemakaian akses data/internet; dan
    g.besaran jumlah data yang sedang diakses pada waktu tertentu; dan
    h.kondisi cuaca .

23.Sehubungan dengan pemakaian akses data/internet melalui Smartfren Connex, Pelanggan setuju dan menjamin tidak akan melakukan tindakan-tindakan yang dapat merugikan pihak manapun, termasuk tetapi tidak terbatas pada tindakan yang mengganggu atau merusak suatu jaringan telekomunikasi mauapun elektronik, perangkat atau sistem komputer pihak manapun, melakukan  pengiriman pesan-pesan termasuk e-mail secara berulang-ulang dengan tidak bertanggung jawab, memalsukan e-mail header atau metode tidak sah lainnya yang digunakan dengan tujuan memalsukan identitas pelanggan atau pengguna lainnya atau untuk maksud tidak sah lainnya, melakukan pelanggaran hak milik intelektual, melakukan tindakan-tindakan yang melanggar norma-norma kesusilaan, Suku Agama Ras Antar golongan (SARA), penggunaan peer-to-peer file sharing yang berlebihan, penggunaan machine-to-machine application yang berlebihan atau tindakan-tindakan lain yang akan menganggu kenyamanan pelanggan lain, dan/atau tindakan yang merupakan pelanggaran terhadap     peraturan dan perundangan di Indonesia peraturan atau hukum yang berlaku di wilayah Republik Indonesia dari waktu ke waktu.

24.Dalam hal terjadi perbedaan atas data pemakaian layanan akses data/internet, pemilihan paket atau tagihan penggunaan layanan internet oleh Pelanggan, maka data yang digunakan adalah data yang terdapat di Smartfren, kecuali dapat dibuktikan dengan memberikan dokumen yang benar dan sah.

25.Syarat-syarat dan ketentuan-ketentuan berlangganan Paket Data/Internet Smartfren Connex ini merupakan satu kesatuan dan bagian yang tidak terpisahkan dari syarat-syarat dan ketentuan-ketentuan berlangganan jasa telekomunikasi pasca bayar Smartfren (post paid) dan syarat-syarat dan ketentuan-ketentuan berlangganan jasa telekomunikasi pra bayar Smartfren (pre paid).

ralinktech : RT 5930 Driver EULA

MediaTek SOFTWARE END USER LICENSE AGREEMENT

MediaTek Wireless Utility for Windows 98/ME/2000/XP/Vista/Win7
Copyright (C) MediaTek TECHNOLOGY, CORP. All Rights Reserved.

SOFTWARE PRODUCT LICENSE

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
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Notice

Hardware Requirements : You must have an MediaTek Wireless product. Software Requirements : MediaTek Wireless Utilities can be installed on computers running Windows 98, Windows ME, Windows 2000, Windows XP, Windows Vista and Windows 7.
MediaTek Contact Information:
MediaTek TECHNOLOGY, CORP.
Marketing Info:
Address : 5F, No.5, Tai-Yuen 1st St., ChuPei City, HsinChu County 302, Taiwan, R.O.C.
Telephone: +886-3-560-0868
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Email : sales@ralinktech.com.tw

Download Notice

Important notice: The Software contains certain patents of China IWNCOMM Co., Ltd. ("IWNCOMM"). If you intend to use this Software for any commercial purpose, a separate patent license from IWNCOMM is required.
The contact information of IWNCOMM is as follows:
Contact Person: Ms. Liu Fax: +86-29-87607829

Attention: If you have any software technical issue,
please contact FAE@ralinktech.com.tw

Oracle : Netbeans IDE 7.3

NETBEANS IDE 7.3 ("Product") LICENSE AGREEMENT

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http://download.oracle.com/otn-pub/java/licenses/OTN_Java_Card_Classic_Connected_SDK_4April2012.pdf

Last updated 10 January 2013

************************************************************

LICENSE #1:

The GNU General Public License (GPL) Version 2, June 1991

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DISTRIBUTION AND MODIFICATION 0. This License applies to any
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How to Apply These Terms to Your New Programs

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One line to give the program's name and a brief idea of what
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Copyright (C) <year> <name of author>

This program is free software; you can redistribute it
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version 2 of the License, or (at your option) any later
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Also add information on how to contact you by electronic and
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If the program is interactive, make it output a short notice
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Gnomovision version 69, Copyright (C) year name of author
Gnomovision comes with ABSOLUTELY NO WARRANTY; for details
type `show w'. This is free software, and you are welcome to
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should show the appropriate parts of the General Public
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You should also get your employer (if you work as a
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disclaimer" for the program, if necessary. Here is a sample;
alter the names:

Yoyodyne, Inc., hereby disclaims all copyright interest in
the program `Gnomovision' (which makes passes at compilers)
written by James Hacker.

signature of Ty Coon, 1 April 1989
Ty Coon, President of Vice

This General Public License does not permit incorporating
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subroutine library, you may consider it more useful to
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Public License instead of this License.

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Certain source files distributed by Oracle America, Inc. are
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Linking this library statically or dynamically with other
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Thus, the terms and conditions of the GNU General Public
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As a special exception, the copyright holders of this
library give you  permission to link this library with
independent modules to produce an  executable, regardless of
the license terms of these independent modules,  and to copy
and distribute the resulting executable under terms of your
choice, provided that you also meet, for each linked
independent module,  the terms and conditions of the license
of that module. An independent  module is a module which is
not derived from or based on this library. If  you modify
this library, you may extend this exception to your version
of  the library, but you are not obligated to do so. If you
do not wish to do  so, delete this exception statement from
your version.

************************************************************

LICENSE #2:

COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
 Version 1.0

1. Definitions.

1.1. "Contributor" means each individual or entity that
creates or contributes to the creation of Modifications.

1.2. "Contributor Version" means the combination of the
Original Software, prior Modifications used by a Contributor
(if any), and the Modifications made by that particular
Contributor.

1.3. "Covered Software" means (a) the Original Software, or
(b) Modifications, or (c) the combination of files
containing Original Software with files containing
Modifications, in each case including portions thereof.

1.4. "Executable" means the Covered Software in any form
other than Source Code.

1.5. "Initial Developer" means the individual or entity that
first makes Original Software available under this License.

1.6. "Larger Work" means a work which combines Covered
Software or portions thereof with code not governed by the
terms of this License.

1.7. "License" means this document.

1.8. "Licensable" means having the right to grant, to the
maximum extent possible, whether at the time of the initial
grant or subsequently acquired, any and all of the rights
conveyed herein.

1.9. "Modifications" means the Source Code and Executable
form of any of the following:

A. Any file that results from an addition to, deletion from
or modification of the contents of a file containing
Original Software or previous Modifications;

B. Any new file that contains any part of the Original
Software or previous Modification; or

C. Any new file that is contributed or otherwise made
available under the terms of this License.

1.10. "Original Software" means the Source Code and
Executable form of computer software code that is originally
released under this License.

1.11. "Patent Claims" means any patent claim(s), now owned
or hereafter acquired, including without limitation, method,
process, and apparatus claims, in any patent Licensable by
grantor.

1.12. "Source Code" means (a) the common form of computer
software code in which modifications are made and (b)
associated documentation included in or with such code.

1.13. "You" (or "Your") means an individual or a legal
entity exercising rights under, and complying with all of
the terms of, this License. For legal entities, "You"
includes any entity which controls, is controlled by, or is
under common control with You. For purposes of this
definition, "control" means (a) the power, direct or
indirect, to cause the direction or management of such
entity, whether by contract or otherwise, or (b) ownership
of more than fifty percent (50%) of the outstanding shares
or beneficial ownership of such entity.

2. License Grants.

2.1. The Initial Developer Grant. Conditioned upon Your
compliance with Section 3.1 below and subject to third party
intellectual property claims, the Initial Developer hereby
grants You a world-wide, royalty-free, non-exclusive
license:

(a) under intellectual property rights (other than patent or
trademark) Licensable by Initial Developer, to use,
reproduce, modify, display, perform, sublicense and
distribute the Original Software (or portions thereof), with
or without Modifications, and/or as part of a Larger Work;
and

(b) under Patent Claims infringed by the making, using or
selling of Original Software, to make, have made, use,
practice, sell, and offer for sale, and/or otherwise dispose
of the Original Software (or portions thereof).

(c) The licenses granted in Sections 2.1(a) and (b) are
effective on the date Initial Developer first distributes or
otherwise makes the Original Software available to a third
party under the terms of this License.

(d) Notwithstanding Section 2.1(b) above, no patent license
is granted: (1) for code that You delete from the Original
Software, or (2) for infringements caused by: (i) the
modification of the Original Software, or (ii) the
combination of the Original Software with other software or
devices.

2.2. Contributor Grant. Conditioned upon Your compliance
with Section 3.1 below and subject to third party
intellectual property claims, each Contributor hereby grants
You a world-wide, royalty-free, non-exclusive license:

(a) under intellectual property rights (other than patent or
trademark) Licensable by Contributor to use, reproduce,
modify, display, perform, sublicense and distribute the
Modifications created by such Contributor (or portions
thereof), either on an unmodified basis, with other
Modifications, as Covered Software and/or as part of a
Larger Work; and

(b) under Patent Claims infringed by the making, using, or
selling of Modifications made by that Contributor either
alone and/or in combination with its Contributor Version (or
portions of such combination), to make, use, sell, offer for
sale, have made, and/or otherwise dispose of: (1)
Modifications made by that Contributor (or portions
thereof); and (2) the combination of Modifications made by
that Contributor with its Contributor Version (or portions
of such combination).

(c) The licenses granted in Sections 2.2(a) and 2.2(b) are
effective on the date Contributor first distributes or
otherwise makes the Modifications available to a third
party.

(d) Notwithstanding Section 2.2(b) above, no patent license
is granted: (1) for any code that Contributor has deleted
from the Contributor Version; (2) for infringements caused
by: (i) third party modifications of Contributor Version, or
(ii) the combination of Modifications made by that
Contributor with other software (except as part of the
Contributor Version) or other devices; or (3) under Patent
Claims infringed by Covered Software in the absence of
Modifications made by that Contributor.

3. Distribution Obligations.

3.1. Availability of Source Code.

Any Covered Software that You distribute or otherwise make
available in Executable form must also be made available in
Source Code form and that Source Code form must be
distributed only under the terms of this License. You must
include a copy of this License with every copy of the Source
Code form of the Covered Software You distribute or
otherwise make available. You must inform recipients of any
such Covered Software in Executable form as to how they can
obtain such Covered Software in Source Code form in a
reasonable manner on or through a medium customarily used
for software exchange.

3.2. Modifications.

The Modifications that You create or to which You contribute
are governed by the terms of this License. You represent
that You believe Your Modifications are Your original
creation(s) and/or You have sufficient rights to grant the
rights conveyed by this License.

3.3. Required Notices.

You must include a notice in each of Your Modifications that
identifies You as the Contributor of the Modification. You
may not remove or alter any copyright, patent or trademark
notices contained within the Covered Software, or any
notices of licensing or any descriptive text giving
attribution to any Contributor or the Initial Developer.

3.4. Application of Additional Terms.

You may not offer or impose any terms on any Covered
Software in Source Code form that alters or restricts the
applicable version of this License or the recipients' rights
hereunder. You may choose to offer, and to charge a fee for,
warranty, support, indemnity or liability obligations to one
or more recipients of Covered Software. However, you may do
so only on Your own behalf, and not on behalf of the Initial
Developer or any Contributor. You must make it absolutely
clear that any such warranty, support, indemnity or
liability obligation is offered by You alone, and You hereby
agree to indemnify the Initial Developer and every
Contributor for any liability incurred by the Initial
Developer or such Contributor as a result of warranty,
support, indemnity or liability terms You offer.

3.5. Distribution of Executable Versions.

You may distribute the Executable form of the Covered
Software under the terms of this License or under the terms
of a license of Your choice, which may contain terms
different from this License, provided that You are in
compliance with the terms of this License and that the
license for the Executable form does not attempt to limit or
alter the recipient's rights in the Source Code form from
the rights set forth in this License. If You distribute the
Covered Software in Executable form under a different
license, You must make it absolutely clear that any terms
which differ from this License are offered by You alone, not
by the Initial Developer or Contributor. You hereby agree to
indemnify the Initial Developer and every Contributor for
any liability incurred by the Initial Developer or such
Contributor as a result of any such terms You offer.

3.6. Larger Works.

You may create a Larger Work by combining Covered Software
with other code not governed by the terms of this License
and distribute the Larger Work as a single product. In such
a case, You must make sure the requirements of this License
are fulfilled for the Covered Software.

4. Versions of the License.

4.1. New Versions.

Oracle Corporation is the initial license steward and may
publish revised and/or new versions of this License from
time to time. Each version will be given a distinguishing
version number. Except as provided in Section 4.3, no one
other than the license steward has the right to modify this
License.

4.2. Effect of New Versions.

You may always continue to use, distribute or otherwise make
the Covered Software available under the terms of the
version of the License under which You originally received
the Covered Software. If the Initial Developer includes a
notice in the Original Software prohibiting it from being
distributed or otherwise made available under any subsequent
version of the License, You must distribute and make the
Covered Software available under the terms of the version of
the License under which You originally received the Covered
Software. Otherwise, You may also choose to use, distribute
or otherwise make the Covered Software available under the
terms of any subsequent version of the License published by
the license steward.

4.3. Modified Versions.

When You are an Initial Developer and You want to create a
new license for Your Original Software, You may create and
use a modified version of this License if You: (a) rename
the license and remove any references to the name of the
license steward (except to note that the license differs
from this License); and (b) otherwise make it clear that the
license contains terms which differ from this License.

5. DISCLAIMER OF WARRANTY.

COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS
IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE
COVERED SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A
PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO
THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH
YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY
RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER
CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING,
REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY
CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY
COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
DISCLAIMER.

6. TERMINATION.

6.1. This License and the rights granted hereunder will
terminate automatically if You fail to comply with terms
herein and fail to cure such breach within 30 days of
becoming aware of the breach. Provisions which, by their
nature, must remain in effect beyond the termination of this
License shall survive.

6.2. If You assert a patent infringement claim (excluding
declaratory judgment actions) against Initial Developer or a
Contributor (the Initial Developer or Contributor against
whom You assert such claim is referred to as "Participant")
alleging that the Participant Software (meaning the
Contributor Version where the Participant is a Contributor
or the Original Software where the Participant is the
Initial Developer) directly or indirectly infringes any
patent, then any and all rights granted directly or
indirectly to You by such Participant, the Initial Developer
(if the Initial Developer is not the Participant) and all
Contributors under Sections 2.1 and/or 2.2 of this License
shall, upon 60 days notice from Participant terminate
prospectively and automatically at the expiration of such 60
day notice period, unless if within such 60 day period You
withdraw Your claim with respect to the Participant Software
against such Participant either unilaterally or pursuant to
a written agreement with Participant.

6.3. In the event of termination under Sections 6.1 or 6.2
above, all end user licenses that have been validly granted
by You or any distributor hereunder prior to termination
(excluding licenses granted to You by any distributor) shall
survive termination.

7. LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER
TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL
YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY
DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF
SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST
PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE
OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR
LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY
SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY
NOT APPLY TO YOU.

8. U.S. GOVERNMENT END USERS.

The Covered Software is a "commercial item," as that term is
defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of
"commercial computer software" (as that term is defined at
48 C.F.R. 252.227-7014(a)(1)) and "commercial computer
software documentation" as such terms are used in 48 C.F.R.
12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48
C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S.
Government End Users acquire Covered Software with only
those rights set forth herein. This U.S. Government Rights
clause is in lieu of, and supersedes, any other FAR, DFAR,
or other clause or provision that addresses Government
rights in computer software under this License.

9. MISCELLANEOUS.

This License represents the complete agreement concerning
subject matter hereof. If any provision of this License is
held to be unenforceable, such provision shall be reformed
only to the extent necessary to make it enforceable. This
License shall be governed by the law of the jurisdiction
specified in a notice contained within the Original Software
(except to the extent applicable law, if any, provides
otherwise), excluding such jurisdiction's conflict-of-law
provisions. Any litigation relating to this License shall be
subject to the jurisdiction of the courts located in the
jurisdiction and venue specified in a notice contained
within the Original Software, with the losing party
responsible for costs, including, without limitation, court
costs and reasonable attorneys' fees and expenses. The
application of the United Nations Convention on Contracts
for the International Sale of Goods is expressly excluded.
Any law or regulation which provides that the language of a
contract shall be construed against the drafter shall not
apply to this License. You agree that You alone are
responsible for compliance with the United States export
administration regulations (and the export control laws and
regulation of any other countries) when You use, distribute
or otherwise make available any Covered Software.

10. RESPONSIBILITY FOR CLAIMS.

As between Initial Developer and the Contributors, each
party is responsible for claims and damages arising,
directly or indirectly, out of its utilization of rights
under this License and You agree to work with Initial
Developer and Contributors to distribute such responsibility
on an equitable basis. Nothing herein is intended or shall
be deemed to constitute any admission of liability.

Microsoft Services Agreement

Microsoft Services Agreement

Code of conduct

About Bing data suppliers

Updated August 27, 2012
Effective October 19, 2012

IF YOU LIVE IN THE UNITED STATES, SECTION 10 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH MICROSOFT. PLEASE READ IT.

Thank you for choosing Microsoft!

This is an agreement between you and Microsoft Corporation (or based on where you live one of its affiliates) that describes your rights to use the software and services identified in section 1.1. For your convenience, we have phrased some of the terms of this agreement in a question and answer format. You should review the entire agreement because all of the terms are important and together create a legal agreement, once accepted by you, that applies to you.

1. Scope of agreement, acceptance, and changes

1.1. What services are covered by this agreement? This agreement applies to Microsoft Hotmail, Microsoft SkyDrive, Microsoft account, Windows Live Messenger,Windows Photo Gallery, Windows Movie Maker, Microsoft Mail Desktop, Windows Live Writer (the foregoing are collectively referred to as the "Microsoft branded services"),Bing, MSN, Office.com, and any other software, website, or service that links to this agreement (collectively the "services").

1.2. What terms must I abide by when using the services? Our goal is to create a safer and more secure environment and therefore we require that, when using the services, users abide by these terms, the Microsoft Anti-Spam Policy (http://go.microsoft.com/fwlink/?LinkId=117951) and the Microsoft Code of Conduct(http://go.microsoft.com/fwlink/?LinkId=266426), which are incorporated into this agreement by this reference (the "agreement").

1.3. How do I accept this agreement? By using or accessing the services, or by agreeing to these terms where the option is made available to you in the user interface, you agree to abide by this agreement without modification by you. If you do not agree, you may not use the services.

1.4. Can Microsoft change these terms after I have accepted them? Yes. From time to time, Microsoft may change or amend these terms. If we do, we will notify you, either through the user interface, in an email notification, or through other reasonable means. Your use of the services after the date the change becomes effective will be your consent to the changed terms. If you do not agree to the changes, you must stop using the services and cancel any paid services by following the instructions in section 9.10. Otherwise, the new terms will apply to you.

1.5. What types of changes can I expect to the services? We continuously work to improve the services and may change the services at any time. Additionally, there are reasons why Microsoft may stop providing portions of the services, including (without limitation) that it's no longer feasible for us to provide it, the technology advances, customer feedback indicates a change is needed, or external issues arise that make it imprudent or impractical to continue. We may release the services or their features in beta version, which may not work correctly or in the same way the final version may work.

2. Microsoft account

2.1. What is a Microsoft account? To access portions of the services, such as the Microsoft branded services, you will need a Microsoft account. The Microsoft account, formerly known as Windows Live ID, is the credentials you will use to authenticate with our network. To create a Microsoft account, you must provide a user name and password, certain demographic information, and “account proofs,” such as an alternate email address or phone number. Existing Microsoft account holders may need to provide “account proofs” to continue using their Microsoft account. You are responsible for keeping your account information and password confidential and are responsible for all activity that occurs under your Microsoft account. You can use your Microsoft account to gain access to other Microsoft products, websites, or services (likeWindows, Xbox LIVE, and Windows Phone); however, the terms and conditions for those products, websites, or services, if different from this agreement, may also apply to your use of that product, website, or service. The Microsoft branded services require that you sign into your Microsoft account periodically, at a minimum every 270 days, to keep the Microsoft branded services portion of the services active, unless provided otherwise in an offer for a paid portion of the services. If you fail to sign in during this period, we may cancel your access to the Microsoft branded services. If the Microsoft branded services are canceled due to your failure to sign in, your data may be permanently deleted from our servers.

2.2. What if I can't access my Microsoft account? If you've forgotten your password or otherwise can't access your Microsoft account, you can recover your Microsoftaccount by visiting the Reset your password webpage (http://go.microsoft.com/fwlink/?LinkId=238656). Microsoft doesn't guarantee that your Microsoft account will be restored or your content (as defined later) will be safeguarded.

2.3. What if I obtained my Microsoft account from someone other than Microsoft? In some cases, we allow you to obtain your Microsoft account through a third party, like a school, a business, an Internet service provider, or the administrator of a managed domain (http://www.domains.live.com). In such cases, that third party may have additional rights over your Microsoft account, like the ability to reset your password, view your account usage or profile data, read or store content in your account, or suspend or cancel your Microsoft account. In these cases, you are subject to this agreement and any additional terms of use from that third party, which should be made available to you by such third party. If you are the administrator of the managed domain, you are responsible for all activity that takes place within the accounts on the managed domain.

3. Content

3.1. Who owns the content that I put on the services? Content includes anything you upload to, store on, or transmit through the services, such as data, documents, photos, video, music, email, and instant messages (“content”). Except for material that we license to you that may be incorporated into your own content (such as clip art), we do not claim ownership of the content you provide on the services. Your content remains your content, and you are responsible for it. We do not control, verify, pay for, or endorse the content that you and others make available on the services.

3.2. Who can access my content? You have initial control over who may access your content. If you share content in public areas of the services or in shared areas available to others you’ve chosen, you agree that anyone you have shared content with may, for free, use, save, reproduce, distribute, display, and transmit that content in connection with their use of the services and other Microsoft, or its licensees’, products and services. If you don't want others to have that ability, don't use the services to share your content. If you use or share content on the services in a way that infringes others’ copyrights, trademarks, other intellectual property rights, or privacy rights, you are breaching this agreement. You represent and warrant that for the duration of this agreement you have (and will have) all the rights necessary for the content you upload or share on the services and that the use of the content, as contemplated in this section 3.2, won't violate any law.

3.3. What does Microsoft do with my content? When you upload your content to the services, you agree that it may be used, modified, adapted, saved, reproduced, distributed, and displayed to the extent necessary to protect you and to provide, protect and improve Microsoft products and services. For example, we may occasionally use automated means to isolate information from email, chats, or photos in order to help detect and protect against spam and malware, or to improve the services with new features that makes them easier to use. When processing your content, Microsoft takes steps to help preserve your privacy.

3.4. Does Microsoft have voice enabled services? Yes. If you use voice enabled services, you consent to Microsoft recording and collecting your voice input. The voice input will be used to provide the voice enabled services to you and improve Microsoft products and services. Microsoft won't use your voice input for any other purpose.

3.5. What type of content isn't permitted? Content that violates this agreement, which includes the Microsoft Anti-Spam Policy (http://go.microsoft.com/fwlink/?LinkId=117951) and the Microsoft Code of Conduct (http://go.microsoft.com/fwlink/?LinkId=266426) or your local law isn't permitted on the services. Microsoft reserves the right to review content for the purpose of enforcing this agreement. Microsoft may block or otherwise prevent delivery of any type of email, instant message, or other communication to or from the services as part of our effort to protect the services or our customers, or otherwise enforce the terms of this agreement.

3.6. Can Microsoft remove my content from the services? Yes. We may ask you to remove your content from the services if it violates this agreement or the law. Failure to comply may result in loss of access to, or cancellation of, the services or your Microsoft account. Additionally, Microsoft may remove your content without asking you if we determine it's in violation of this agreement or the law, or if we receive a notice of intellectual property infringement from a third party.

4. Services cancellation

4.1. What happens if I don't abide by these terms? If you violate this agreement, we may take action against you including (without limitation) removing your content from the services, suspending your access to the services, asking you to refrain from certain activities, canceling your services, and/or referring such activity to appropriate authorities. Additionally, we enforce a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers. In the event we take action against you for a violation of this agreement, we may permanently delete, and you may permanently lose, some or all of your content stored on the services and/or we may cancel your services in their entirety. Data that is deleted may be irretrievable.

4.2. Are there other ways I could lose access to the services? Yes. Portions of the services require that you sign into your Microsoft account at least once every 270 days. Failing to do so will (unless provided otherwise in an offer for paid services) result in a closure of your access to and use of that portion of the services, and you may permanently lose your content on that portion of the services. If you sign up for a paid portion of the services and fail to make an on-time payment, we may suspend or cancel that service (see section 9.1 for more details).

4.3. How can I terminate the services? You may terminate the services at any time and for any reason. You can do this by going to your Account webpage (https://account.live.com) and following the account closure process. To cancel a paid portion of the services, see section 9.10. If you are canceling your services, the quickest means of eliminating your content on the services is to manually remove it from the various components of the services (for example, manually delete your email). However, please note that while content you have deleted or that is associated with a closed account may not be accessible to you, it may still remain on our systems for a period of time.

4.4. What happens if my services are canceled or terminated? If your services are canceled or terminated (whether by you or us), your right to use the services stops immediately and your license to use our software ends. You must then uninstall the software, or, alternatively, we may disable it. If your services are canceled or terminated, we may permanently delete your content from our servers and we have no obligation to return content to you.

5. Privacy

5.1. Does Microsoft collect my personal information? Your privacy is important to us. We use certain information that we collect from you to operate and provide the services. Additionally, as part of the services, we may also automatically upload information about your machine, your use of the services and services performance. Please read the Microsoft Online Privacy Statement (http://go.microsoft.com/fwlink/p/?LinkId=253457) to learn how we use and protect your information.

5.2. Does Microsoft disclose my personal information outside of Microsoft? You consent and agree that Microsoft may access, disclose, or preserve information associated with your use of the services, including (without limitation) your personal information and content, or information that Microsoft acquires about you through your use of the services (such as IP address or other third-party information) when Microsoft forms a good faith belief that doing so is necessary (a) to comply with applicable law or to respond to legal process from competent authorities; (b) to enforce this agreement or protect the rights or property of Microsoft or our customers; or (c) to help prevent a loss of life or serious physical injury to anyone.

5.3. How does Microsoft respond to legal process? Similar to other providers of Internet services, Microsoft is served with legal demands and requests from law enforcement, government entities, and private litigants for content stored on our network. This information may relate to an alleged crime or civil matter and is usually requested pursuant to the normal legal process of the country or locality where the activity occurred. Microsoft may be obligated to comply with requests for your information or your content as part of such investigations or legal proceedings.

6. Services disruptions and backup

We strive to keep the services up and running; however, all online services suffer occasional disruptions and outages, and Microsoft isn't liable for any disruption or loss you may suffer as a result. You should regularly backup the content that you store on the services. Having a regular backup plan and following it can help you prevent loss of your content.

7. Software

7.1. What terms govern the software that is part of the services? If you use or receive software from us as part of the services, it's governed by one of two sets of license terms (the “license terms”): If you are presented with a license for the software, the terms of that license apply to the software; if no license is presented to you, the terms of this agreement apply not only to the services but also to the software (and the term “services” in this agreement includes the software). The software is licensed, not sold, and Microsoft reserves all rights to the software not expressly granted by Microsoft under the license terms, whether by implication, estoppel, or otherwise. If this agreement governs the website you are viewing, any third party scripts or code, linked to or referenced from this web site, are licensed to you by the third parties that own such code, not by Microsoft.

7.2. How can I use the software that is provided as part of the services? We grant you the right to install and use one copy of the software per device for use by only one person at a time as part of your use of the services, but only if you comply with all other terms in this agreement.

7.3. Are there things I can't do with the software or services? Yes. In addition to the other restrictions in this agreement, you may not circumvent or bypass any technological protection measures in or relating to the software or services or disassemble, decompile, or reverse engineer any software or other aspect of the services that is included in or accessible through the services, except and only to the extent that the applicable copyright law expressly permits doing so; separate components of the software or services for use on different devices; publish, copy, rent, lease, or lend the software or the services; or transfer the software, any software licenses, or any rights regarding the services, except as expressly permitted by this agreement. You may not use the services in any unauthorized way that could interfere with anyone else’s use of them or gain access to any service, data, account, or network. You may not enable access to the services by unauthorized third-party applications.

7.4. How is the software updated? We may automatically check your version of the software. We may also automatically download updates to the software from time to time. You agree to accept such updates subject to these terms unless other terms accompany the updates. If so, those other terms apply. Microsoft isn't obligated to make any updates available and doesn't guarantee that we will support the version of the system for which you licensed the software.

8. Additional terms for Office.com, MSN, and Bing

8.1. Office.com and Office Web App media elements and templates.. If you use Microsoft Office.com or the Microsoft Office Web Apps, you may have access to media images, clip art, animations, sounds, music, video clips, templates, and other forms of content (“media elements”) provided with the software available on Office.com or as part of services associated with the software. You may copy and use the media elements in projects and documents. You may not (i) sell, license, or distribute copies of the media elements by themselves or as a product if the primary value of the product is the media elements; (ii) grant your customers rights to further license or distribute the media elements; (iii) license or distribute for commercial purposes media elements that include the representation of identifiable individuals, governments, logos, trademarks, or emblems or use these types of images in ways that could imply an endorsement or association with your product, entity or activity; or (iv) create obscene works using the media elements. For more information, see the Use of Microsoft Copyrighted Content webpage (http://www.microsoft.com/permission).

8.2. MSN Video. The videos and embeddable video player available on MSN Video are for your non-commercial, personal use only and, unless otherwise stated elsewhere in this agreement, may not be downloaded, copied, or redistributed without authorization from the rights holders. You may not use the embeddable video player on any website whose purpose is primarily for the display of advertising or collection of subscription revenues or is in direct competition with MSN Video unless you first get our express, written consent. You agree that your use of the embeddable video player may result in additional third-party costs, fees, and royalties, including applicable public performance royalties in your country or region.

8.3. Bing. If you have location enabled on your device when you use m.bing.com, you consent to Microsoft collecting and using your location information in accordance with the Microsoft Online Privacy Statement (http://go.microsoft.com/fwlink/p/?LinkId=253457). We use your location information to provide and improve search and mapping results.

9. If you pay Microsoft, the following terms apply to you

9.1. Charges. If there is a charge associated with a portion of the services, you agree to pay that charge. The price stated for the service excludes all applicable taxes and currency exchange settlements, unless stated otherwise. You are solely responsible for paying such taxes or other charges. We may suspend or cancel the services if we don't receive an on time, full payment from you. Suspension or cancellation of the services for non-payment could result in a loss of access to and use of your account and its content.

9.2. Your billing account. To pay the charges for a service, you will be asked to provide a payment method at the time you sign up for that service. You can access and change your billing account information and payment method on the Billing and Account Management website (https://billing.microsoft.com). Additionally, you agree to permit Microsoft to use any updated account information regarding your payment method provided by your issuing bank or the applicable payment network. You agree to keep your billing account information current at all times. Changes made to your billing account won't affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.

9.3. Billing. By providing Microsoft with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize Microsoft to charge you for the services using your payment method; and (iii) authorize Microsoft to charge you for any paid feature of the services that you choose to sign up for or use while this agreement is in force. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription services. Also, we may charge you up to the amount you've approved, and we'll notify you in advance of any change in the amount to be charged for recurring subscription services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven't previously been processed.

9.4. Automatic renewal. Provided that automatic renewals are allowed in your country, province, or state, we will inform you by email before automatically renewing your services. Once we have informed you that the services will be automatically renewed, we may automatically renew your services and charge you the then current price for the renewal term. We will also remind you that we will bill your chosen payment method for the services renewal, whether it was on file on the renewal date or provided later. We will also provide you with instructions on how you may cancel the services. You must cancel the services before the renewal date to avoid being billed for the renewal.

9.5. Online statement and errors. We'll provide you with an online billing statement on the Billing and Account Management website (https://billing.microsoft.com), where you can view and print your statement. This is the only billing statement that we provide. It's your responsibility to print or save a copy of each online statement and retain such copy for your records. If we make an error on your bill, you must tell us within 120 days after the error first appears on your bill. We will then promptly investigate the charge. If you don't tell us within that time, you release us from all liability and claims of loss resulting from the error and we won't be required to correct the error or provide a refund. If Microsoft has identified a billing error, we will correct that error within 90 days.

9.6. Cooling off period. When you request a service from us, you agree that we may begin to provide the services immediately. You won't be entitled to a cancellation or "cooling off" period, except if the law requires a cooling off period. You may cancel paid services as provided in section 9.10.

9.7. Trial period offers. If you are taking part in any trial period offer, you must cancel the services by the end of the trial period to avoid incurring new charges, unless we notify you otherwise. If you don't cancel your services at the end of the trial period, we may charge you for the services.

9.8. Price changes. We may change the price of the services at any time and will notify you by email at least 15 days before the price change. If you don't agree to the price change, you must cancel and stop using the services before the price change takes effect. If there is a fixed term and price for your service offer, that price will remain in force for the term.

9.9. Refund policies. Unless otherwise provided by law or by a particular service offer, all purchases are final and non-refundable.

9.10. Canceling the services. You may cancel the services at any time, with or without cause. Information and direction on how to cancel your services is provided on theBilling and Account Management website (https://billing.microsoft.com). You should refer back to the offer describing the services as (i) you may not receive a refund at the time of cancellation; (ii) you may be obligated to pay cancellation charges; (iii) you may be obligated to pay all charges made to your billing account for the services before the date of cancellation; or (iv) you may lose access to and use of your account when you cancel the services. If you cancel, your services end at the end of your current service period or, if we bill your account on a periodic basis, at the end of the period in which you canceled.

9.11. Late payments. You must pay for all reasonable costs we incur to collect any past due amounts. These include reasonable attorneys' fees and other legal fees and costs.

9.12. Payments to you. If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce the payment to you without notice to adjust for any previous overpayment.

9.13. Internet access services and charges. If the services don't include Internet access, you are responsible for paying the fees charged by your Internet access provider. Those fees are in addition to the fees you pay us for the services. If you access the services through wireless devices (for example, mobile phones, tablets), your wireless carrier may charge fees for alerts, web browsing, messaging, and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you. You are solely responsible for any costs you incur to access the services through any wireless or other communication service.

The rest of this section 9.13 applies only if your services include Internet access. This service may not be available in your country or region. If you use a dial-up modem, you may incur toll, roaming, or other access charges, depending on the number you call and from where you call. You should check with your local telephone company first to determine if the number you plan to use will incur such charges. Even if we suggest a phone number for you to call, you may still incur charges, depending on your local provider, calling location, and phone plan. We won't reimburse you for such charges.

10. BINDING ARBITRATION AND CLASS ACTION WAIVER IF YOU LIVE IN THE UNITED STATES

This section applies to any dispute EXCEPT IT DOESN'T INCLUDE A DISPUTE RELATING TO THE ENFORCEMENT OR VALIDITY OF YOUR, MICROSOFT’S, OR EITHER OF OUR LICENSORS’ INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and Microsoftconcerning the services (including their price) or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.

10.1. Notice of Dispute. In the event of a dispute, you or Microsoft must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail to MicrosoftCorporation, ATTN: LCA ARBITRATION, One Microsoft Way, Redmond, WA 98052-6399, US. A form is available on the Legal and Corporate Affairs (LCA) website (http://go.microsoft.com/fwlink/?LinkId=245499). Microsoft will send any Notice of Dispute to you by U.S. Mail to your address if we have it, or otherwise to your email address. You and Microsoft will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Microsoft may commence arbitration.

10.2. Small claims court You may also litigate any dispute in small claims court in your county of residence or King County, Washington, if the dispute meets all requirements to be heard in the small claims court. You may litigate in small claims court whether or not you negotiated informally first.

10.3. Binding arbitration. If you and Microsoft don't resolve any dispute by informal negotiation or in small claims court, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award.

10.4. Class action waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you norMicrosoft will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

10.5. Arbitration procedure. Any arbitration will be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules. If you are an individual and use the services for personal or household use, or if the value of the dispute is $75,000 or less whether or not you are an individual or how you use the services, its Supplementary Procedures for Consumer-Related Disputes will also apply. For more information, see the American Arbitration Association website (http://go.microsoft.com/fwlink/?LinkId=248505) or call 1-800-778-7879. To commence arbitration, submit the form available on the Legal and Corporate Affairs (LCA) website (http://go.microsoft.com/fwlink/?LinkId=245497) to the AAA. You agree to commence arbitration only in your county of residence or in King County, Washington, US.Microsoft agrees to commence arbitration only in your county of residence. You may request a telephonic or in-person hearing by following the AAA rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim.

10.6. Arbitration fees and incentives.

• 10.6.1. Disputes involving $75,000 or less. Microsoft will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses. If you rejectMicrosoft’s last written settlement offer made before the arbitrator was appointed (“Microsoft’s last written offer”), your dispute goes all the way to an arbitrator’s decision (called an “award”), and the arbitrator awards you more than Microsoft’s last written offer, Microsoft will give you three incentives: (i) pay the greater of the award or $1,000; (ii) pay twice your reasonable attorney’s fees, if any; and (iii) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration. The arbitrator will determine the amount of fees, costs, and expenses unless you andMicrosoft agree on them.
• 10.6.2. Disputes involving more than $75,000. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.
• 10.6.3. Disputes involving any amount. In any arbitration you commence, Microsoft will seek its AAA or arbitrator’s fees and expenses, or your filing fees it reimbursed, only if the arbitrator finds the arbitration frivolous or brought for an improper purpose. In any arbitration Microsoft commences, Microsoft will pay all filing, AAA, and arbitrator’s fees and expenses. Microsoft won't seek its attorney’s fees or expenses from you in any arbitration. Fees and expenses are not counted in determining how much a dispute involves.

10.7. Conflict with AAA rules. This agreement governs to the extent it conflicts with the AAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes.

10.8. Claims or disputes must be filed within one year. To the extent permitted by law, any claim or dispute under this agreement must be filed within one year in small claims court (section 10.2), an arbitration proceeding (section 10.3), or in court, if section 10.9 permits the dispute to be filed in court instead of arbitration. The one-year period begins when the claim or Notice of Dispute first could be filed. If a claim or dispute isn't filed within one year, it's permanently barred.

10.9. Severability. If the class action waiver in section 10.4 is found to be illegal or unenforceable as to all or some parts of a dispute, then section 10 won't apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this section 10 is found to be illegal or unenforceable, that provision will be severed with the remainder of section 10 remaining in full force and effect.

11. NO WARRANTIES

MICROSOFT, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” MICROSOFT DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THIS AGREEMENT IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE.

YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DON'T GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR.

12. Limitation of liability

If Microsoft breaches this agreement, you agree that your exclusive remedy is to recover, from Microsoft or any affiliates, resellers, distributors, and vendors, direct damages up to an amount equal to your services fee for one month. YOU CAN'T RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE. These limitations and exclusions apply if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything related to this agreement such as loss of content; any virus affecting your use of the services; delays or failures in starting or completing transmissions or transactions; claims for breach of contract, warranty, guarantee, or condition; strict liability; negligence; misrepresentation or omission; trespass; violation of statute or regulation; or unjust enrichment. Some or all of these limitations or exclusions may not apply to you if your state, province, or country doesn't allow the exclusion or limitation of incidental, consequential, or other damages.

13. Microsoft contracting entity

13.1. United States. If you live in (or, if you are a business, you are headquartered in) the United States, you are contracting with Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, US. The laws of the state where you live govern the interpretation of this agreement, claims for breach of it, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of law principles. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, for all disputes arising out of or relating to this agreement or the services that are heard in court (not arbitration and not small claims court).

13.2. North or South America outside the United States. If you live in (or, if you are a business, you are headquartered in) North or South America outside the United States, you are contracting with Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, US. Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of choice of law principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of the country to which we direct your services.

13.3. Europe. If you live in (or, if you are a business, you are headquartered in) Europe, you are contracting with Microsoft Luxembourg S.à.r.l., 20 Rue Eugene Ruppert, Immeuble Laccolith, 1st Floor, L-2543 Luxembourg and the laws of Luxembourg govern the interpretation of this agreement and apply to claims for breach of it, regardless of conflict of laws principles, unless you live in or your business is headquartered in Spain, in which case the laws of Spain govern the interpretation of this agreement. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of the country to which we direct your service. With respect to jurisdiction, you and Microsoft may choose the country to which we direct your service for all disputes arising out of or relating to this agreement, or in the alternative, you may choose the responsible court in Luxembourg. If you are accessing the services within Germany, the Germany agreement(http://go.microsoft.com/fwlink/?LinkId=266428) applies to you.

13.4. Middle East or Africa. If you live in (or, if you are a business, you are headquartered in) the Middle East or Africa, you are contracting with Microsoft Luxembourg S.à.r.l., 20 Rue Eugene Ruppert, Immeuble Laccolith, 1st Floor, L-2543 Luxembourg, and the laws of Luxembourg govern the interpretation of this agreement and apply to claims for breach of it, regardless of conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of the country to which we direct your services. You and we irrevocably agree to the exclusive jurisdiction and venue of the Luxembourg courts for all disputes arising out of or relating to this agreement.

13.5. Asia or the South Pacific, unless your country is specifically called out. If you live in (or, if you are a business, you are headquartered in) Asia or the South Pacific, you are contracting with Microsoft Regional Sales Corp., a corporation organized under the laws of the State of Nevada, US, with a branch in Singapore, having its principal place of business at 438B Alexandra Road, #04-09/12, Block B, Alexandra Technopark, Singapore, 119968, and Washington state law governs this agreement, regardless of conflict of laws principles. Any dispute arising out of or in connection with this agreement, including any question regarding its existence, validity, or termination, will be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Center (SIAC), which rules are deemed to be incorporated by reference into this clause. The Tribunal will consist of one arbitrator to be appointed by the Chairman of SIAC. The language of arbitration will be English. The decision of the arbitrator will be final, binding, and incontestable, and it may be used as a basis for judgment in any country or region.

13.6. Japan. If you live in (or, if you are a business, you are headquartered in) Japan, you are contracting with Microsoft Japan Co., Ltd (MSKK), Shinagawa Grand Central Tower, 2-16-3 Konan Minato-ku, Tokyo 108-0075. The laws of Japan govern this agreement and any matters arising out of or relating to it. You and we irrevocably agree to the exclusive original jurisdiction and venue of the Tokyo District Court for all disputes arising out of or relating to this agreement.

13.7. China. If you live in (or, if you are a business, you are headquartered in) China, you are contracting with Shanghai MSN Network Communications Technology Company Limited, Suite B, 8th Floor, Building Ding, No. 555, Dongchuan Road, Minhang District, Shanghai, PRC, for your use of MSN, Bing, or Windows Live Messenger; PRC law governs this agreement as it relates to your use of the services under this agreement operated by Shanghai MSN Network Communications Technology Company Limited. For your use of MSN, Bing, or Windows Live Messenger under this agreement, any dispute arising out of or in connection with this agreement, including any question regarding the existence, validity or termination of this agreement will be referred to and finally resolved by arbitration in Hong Kong under the auspices of the Hong Kong International Arbitration Centre (“HKIAC”) in accordance with the UNCITRAL Arbitration Rules, which are deemed to be incorporated by reference into this clause. For such arbitration, there will be one arbitrator, who will be appointed by HKIAC in accordance with the UNCITRAL Arbitration Rules. The language of arbitration will be English. The decision of the arbitrator will be final, binding, and incontestable and may be used as a basis for judgment in China or elsewhere. For your use of all other services under this agreement, you are contracting with Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, US. As to those services, Washington state law governs this agreement, regardless of conflict of laws principles. The jurisdiction of the state or federal courts in King County, Washington, US, is non-exclusive.

13.8. Republic of Korea. If you live in (or, if you are a business, you are headquartered in) the Republic of Korea, you are contracting with Microsoft Korea, Inc., 6th Floor, POSCO Center, 892 Daechi-Dong, Kangnam-Gu, Seoul, 135-777, Korea, and the laws of the Republic of Korea govern this agreement. You and we irrevocably agree to exclusive original jurisdiction and venue of the Seoul District Court for all disputes arising out of or relating to this agreement.

13.9. Taiwan. If you live in (or, if you are a business, you are headquartered in) Taiwan, you are contracting with Microsoft Taiwan Corp., 8F, No 7 Sungren Road, Shinyi Chiu, Taipei, Taiwan 110, and the laws of Taiwan govern this agreement. You and we irrevocably designate the Taipei District Court as the court of first instance having jurisdiction over any disputes arising out of or relating to this agreement.

14. Third-party websites

You may be able to access third-party websites or services via the services. Microsoft isn't responsible for third-party websites, services, or content available through those third-party services. You are solely responsible for your dealings with third-parties (including advertisers). Your use of third-party websites or services may be subject to that third-party’s terms and conditions.

15. DRM

If you access content protected with Microsoft Digital Rights Management (DRM), the software may automatically request media usage rights from a rights server online and download and install DRM updates so that you can play the content. For more information, see the DRM information in the Microsoft Silverlight Privacy Statement(http://go.microsoft.com/fwlink/?LinkId=178857).

16. Microsoft .NET Framework software

The software may contain Microsoft .NET Framework software. This software is part of Windows. The license terms for Windows apply to your use of the .NET Framework software.

17. Survival

The “Privacy” section, and sections 9 (for amounts incurred before the end of this agreement), 10, 11, 12, 13, 20, and those that by their terms apply after it ends will survive any termination or cancellation of this agreement.

18. Assignment and transfer

We may assign this agreement, in whole or in part, at any time without notice to you. You may not assign this agreement or transfer any rights to use the services.

19. Notices

You consent to Microsoft providing you notifications about the services or information the law requires us to provide via email to the address that you specified when you signed up for the services. Notices emailed to you will be deemed given and received when the email is sent. If you don't consent to receive notices electronically, you must stop using the services. You may notify Microsoft as stated in customer support for the services.

20. Contract interpretation

This is the entire agreement between you and Microsoft for your use of the services. It supersedes any prior agreements between you and Microsoft regarding your use of the services. All parts of this agreement apply to the maximum extent permitted by relevant law. If a court holds that we can't enforce a part of this agreement as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of this agreement won't change. The agreement’s section titles are for reference only and have no legal effect.

21. No third-party beneficiaries

This agreement is solely for your and our benefit. It isn't for the benefit of any other person, except for Microsoft’s successors and assigns.

22. Font components

You may use the fonts to display and print content only while using the services. You may not circumvent any embedding restrictions in the fonts.

23. Support

Customer support for the Microsoft branded services is available via Microsoft Answers (http://answers.microsoft.com) and the Windows website (http://windows.microsoft.com). Customer support for MSN Internet Access is available at MSN Support (https://support.msn.com). Customer email support for Bing andBing clients is available at Bing Support (https://support.discoverbing.com).

24. Export restrictions

Microsoft's free software and services are subject to United States and other jurisdictions’ export and technology laws and you agree to comply with all such applicable laws and regulations that apply to the software and/or services. United States government permission is required to transfer these free software and services to governments of any embargoed country or certain prohibited parties. Please see the U.S. Department of Treasury website (http://go.microsoft.com/fwlink/?LinkID=243206) for more information. Additionally, paid services are subject to United States export laws and regulations with which you must comply. These laws include restrictions on destinations, end users, and end use. For additional information, see the Exporting Microsoft Products website (http://www.microsoft.com/exporting).

NOTICES

Notices and procedure for making claims of copyright infringement. Notifications of claimed copyright infringement should be sent to Microsoft's designated agent.INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE For details and contact information, see Notice and Procedure for Making Claims of Copyright Infringement (http://www.microsoft.com/info/cpyrtInfrg.htm).

Notices and procedures regarding intellectual property concerns in Sponsored Sites advertising. Please review our Intellectual Property Guidelines(http://go.microsoft.com/fwlink/?LinkId=243207) regarding intellectual property concerns on our advertising network.

Copyright and trademark notices. All contents of the services are Copyright © 2012 Microsoft Corporation and/or its suppliers, One Microsoft Way, Redmond, WA 98052, US. All rights reserved. We or our suppliers own the title, copyright, and other intellectual property rights in the services and its content. Microsoft and the names, logos, and icons of all Microsoft products, software, and services may be either trademarks or registered trademarks of Microsoft(http://www.microsoft.com/about/legal/en/us/IntellectualProperty/Trademarks/EN-US.aspx) in the United States and/or other countries. The names of actual companies and products may be the trademarks of their respective owners. Any rights not expressly granted in this agreement are reserved. Certain software used in certain Microsoftwebsite 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 certainMicrosoft website servers is copyright © 1986-1993 Thomas Williams, Colin Kelley. All rights reserved.

Stock quotes and index data (including index values). All information provided by Interactive Data Corporation ("IDC") and its affiliates (the "IDC Information") included in the services is owned by or licensed to IDC and its affiliates. You are permitted to store, manipulate, analyze, reformat, print, and display the IDC Information only for your personal use. You may not publish, retransmit, redistribute or otherwise reproduce any IDC Information in any format to anyone. Nor will you use any IDC 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. Before executing a security trade based upon the IDC Information, you are advised to consult with your broker or other financial representative to verify pricing information. Neither IDC nor its affiliates or their respective licensors will be liable to any user or anyone else for any interruption, inaccuracy, delays, error, or omission, regardless of cause, in the IDC Information or for any damages (whether direct or indirect, consequential, punitive or exemplary) that result. The terms of this section reflect Microsoft’s arrangement with IDC and its affiliates and you agree that this section, not other sections of this agreement, will apply to the IDC Information in the event of a conflict or inconsistency with another term of this agreement.

You may not use any of the Dow Jones Indexes, index data, or the Dow Jones marks in connection with the issuance, creation, sponsorship, trading, marketing, or promotion of any financial instruments or investment products (for example, derivatives, structured products, investment funds, exchange-traded funds, or investment portfolios; where the price, return and/or performance of the instrument or investment product is based on, related to, or intended to track any of the Indexes or a proxy for any of the Indexes) without a separate written agreement with Dow Jones.

Financial notice. Microsoft isn't a broker/dealer or registered investment advisor under United States federal securities law or securities laws of other jurisdictions and doesn't advise individuals as to the advisability of investing in, purchasing, or selling securities or other financial products or services. Nothing contained in the services is an offer or solicitation to buy or sell any security. Neither Microsoft nor its licensors of stock quotes or index data endorse or recommend any particular financial products or services. Nothing in the services is intended to be professional advice, including but not limited to, investment or tax advice.

Notice about the H.264/AVC Visual Standard and the VC-1 Video Standard. The software may include H.264/MPEG-4 AVC and/or VC-1 decoding technology. MPEG LA, L.L.C. requires this notice:

THIS PRODUCT IS LICENSED UNDER THE AVC AND THE VC-1 PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (A) ENCODE VIDEO IN COMPLIANCE WITH THE STANDARDS ("VIDEO STANDARDS") AND/OR (B) DECODE AVC AND VC-1 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NONE OF THE LICENSES EXTEND TO ANY OTHER PRODUCT REGARDLESS OF WHETHER SUCH PRODUCT IS INCLUDED WITH THIS SOFTWARE IN A SINGLE ARTICLE. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE THE MPEG LA WEBSITE (http://go.microsoft.com/fwlink/?LinkId=31690).

For clarification purposes only, this notice doesn't limit or inhibit the use of the software provided under this agreement for normal business uses that are personal to that business which don't include (i) redistribution of the software to third parties, or (ii) creation of content with the Video Standards compliant technologies for distribution to third parties.