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 Microsoft OEM Windows 8 and Windows 8.1 Marketing Assets License for Advertising

The following Microsoft OEM Windows 8 and Windows 8.1 Marketing Assets License for Advertising ("License") is provided to you in connection with the use of the Windows 8 and Windows 8.1 Marketing Assets.

By downloading the Windows 8 and Windows 8.1 Marketing Assets, you accept these terms. If you do not accept them, do not download the Windows 8 or Windows 8.1 Marketing Assets.

Use of the Windows 8 and Windows 8.1 Marketing Assets is subject to the following terms:

This License is between Microsoft Corporation ("Microsoft") and Licensee. Licensee agrees to use the Assets in accordance with the terms of the License, the Marketing Agreement, and any specifications in the Guide.

 

1. DEFINITIONS. Capitalized terms not defined herein shall have the meanings given in the Marketing Agreement.

(a) "Assets" are the Microsoft logos and other advertising elements provided to you for use in connection with the Marketing Agreement.

(b) "Guide" means the Partner Software Graphics Usage Guidelines and the Partner Brand Guidelines, or similar document provided under the Marketing Agreement, which contains Microsoft logos and designs with specific guidelines describing how the Assets may be used.

(c) "Licensee" is the person or company that has an active Marketing Agreement, and accepts this License by downloading the Assets.

(d) "Marketing Agreement" is any marketing agreement currently in effect between Licensee and the applicable Microsoft affiliate or subsidiary.

 

2. LICENSE GRANT & RESTRICTIONS

(a) Subject to the terms herein, Microsoft hereby grants to Licensee a worldwide, nonexclusive, nontransferable, royalty-free, personal license to use the Assets on advertising and marketing materials during the term of this License, solely to market the applicable Microsoft software, as provided under the Marketing Agreement and the Guide. Licensee agrees to comply with any use specifications that Microsoft may provide with the Assets, including the Guide. Microsoft reserves all rights not expressly granted herein.

(b) Licensee may use the Assets solely in connection with activities and advertising or marketing materials that:

  • Comply with all terms of this License, the Guide and the Marketing Agreement.
  • Meet or exceed the quality of activities and materials performed or distributed by Licensee at time of Licensee’s execution of this License.
  • Meet or exceed standards of quality and performance generally accepted in the industry.
  • Comply with all applicable laws, rules, and regulations.

 

(c) Use Scenarios. The Assets may be used only in scenarios involving Windows 8, Windows 8 Pro, and Windows 8 Single Language, Windows 8.1, and Windows 8.1 Pro.

The Assets may be used solely in partner-branded ads, direct marketing, Web sites, online banners, etc., and are not for use in any Microsoft-branded materials. The intent is to provide Assets that will emulate the media provided to customers.

These Assets are not to be circulated outside of your company.

(d) Scope of Use; Restrictions

  • You may use the Assets in color or black and white, as provided; no reverses are permitted.
  • The elements within the Assets cannot be taken apart and used separately in any way.
  • The graphic artwork may not be used on or in any device, disk, product, or packaging.
  • You must comply with any specifications that accompany the Assets. Microsoft reserves all other rights.
  • No translations or localizations are permitted.
  • You may not:
    • Use the Assets in a way that may cause confusion about whether your products or services are from Microsoft.
    • Do or say anything that implies that Microsoft is affiliated with, sponsors, endorses, or approves of you or your products or services.
    • Do or say anything that may cause confusion about whether Microsoft owns the Assets or any Microsoft trademarks depicted in the Assets.
    • Register, adopt, or use any name, trademark, domain name, or other designation that includes all or part of the Assets or that is likely to cause confusion with the Assets or any other Microsoft trademark.
    • Use the Assets in a way that would damage Microsoft’s reputation or goodwill in the Assets.
    • Alter, animate, or distort the Assets or combine them with any other symbols, words, images, or designs.
  • No Microsoft brand elements or identity may be used other than the Assets provided here.
  • Your own materials may not mimic any Microsoft advertising, product packaging, or website design.
  • The quality of the systems, devices, and/or solutions you offer in connection with your use of the Assets must meet or exceed standards of quality and performance generally accepted in the industry.
  • If any Microsoft product is mentioned in your marketing materials, the full name of the Microsoft software must be used at the first and most prominent mention, and the Microsoft trademark(s) must be marked as indicated on Microsoft’s trademark list, which may be found at http://www.microsoft.com/library/toolbar/3.0/trademarks/en-us.mspx.
  • Your materials must attribute the Assets to Microsoft in the form: "Microsoft logos reprinted with permission from Microsoft Corporation.” Microsoft and Windows are trademarks of Microsoft.

 

(e) Instructions for Visual Execution. These Assets are for use ONLY in partner-branded materials—which clearly show they originate from you—and never in Microsoft-branded materials provided to you by Microsoft.

(f) Steps for Visual Hierarchy. When using these Assets, the visual hierarchy of the graphic and all other logos present on the materials must follow these steps:

  • Your logo and brand must be prevalent on any page or surface where a graphic appears.
  • The Microsoft Partner Network logo should be used SMALLER and less prominent than your company logo or brand.
  • Assets must remain unaltered except for the addition of your logo, name, and program tagline.
  • Leave minimum clear space between the Assets and any other elements.

 

 

3. OWNERSHIP & USE

(a) Licensee acknowledges that:

  • Microsoft is the sole owner of the Assets and the goodwill associated with the Assets.
  • Licensee will not acquire any right, title, or interest in the Assets because of Licensee’s use of the Assets.
  • Microsoft is the sole beneficiary of the goodwill associated with Licensee’s use of the Assets.

 

(b) Where Licensee includes a trademark footnote to give notice of its own trademarks or third-party trademarks, Licensee must add the following wording to the trademark footnote, when using a Logo: “All other trademarks are the property of their respective owners.”

(c) Microsoft will have the sole right to determine, in its sole discretion, whether to take legal action to enforce or defend its rights in the Assets, and will control any legal action concerning the Assets.

 

4. TERM

The term of this License shall run until the expiration or termination of your Marketing Agreement; provided that Microsoft reserves the right in its sole discretion to terminate or modify consent to use the Assets at any time. Licensee shall immediately cease all use of the Assets upon termination of this License or upon notice from Microsoft. Licensee may distribute marketing materials containing the Assets at the time of termination for a period of 10 days from termination or Microsoft’s notice, so long as use of the Assets complies with the terms of this License.

 

5. DISCLAIMER

Licensee understands and agrees that all Assets are provided "as-is." Microsoft Corporation, Microsoft Licensing, GP and their subsidiaries, affiliates, and assigns make no representations or warranties, express or implied, in this license. Nothing in this License is intended to modify or amend the Marketing Agreement. This License makes no claims about the legality of any uses of the Assets in your specific jurisdiction; you are solely responsible for ensuring that your marketing materials comply with all applicable laws including, without limitation, advertising and intellectual property laws.

 

ACCEPTANCE OF THIS LICENSE: By downloading any of the Windows 8 or Windows 8.1 Assets, you agree to be bound by all terms of this License.

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