Windows XP Media Center Edition Electronic Programming Guide Terms of Service Version 1.0
Published: October 22, 2002
The Microsoft software product identified above, which includes computer software and may include associated media, printed materials, ?online? or electronic documentation, and Internet-based services (the ?Product?) includes an electronic programming guide service (the ?Guide?). The Guide displays customized television listings as well as advertising and other related data through use of the Product.
Binding Agreement
The Guide is provided to you by Microsoft Corporation (?Microsoft?) conditioned on your acceptance without
modification of the terms and conditions contained in this Electronic
Programming Guide Terms of Service (this ?Agreement?). ALL OF
THE TERMS OF THIS AGREEMENT ARE VERY IMPORTANT, SO YOU MUST READ AND AGREE TO
THIS ENTIRE AGREEMENT. Your registration and use of the Guide constitutes your acceptance of the terms and
conditions set forth in this Agreement. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND
CONDITIONS OF THIS AGREEMENT, PLEASE SELECT THE ?I don't agree? BUTTON AFTER
YOU HAVE COMPLETED YOUR REVIEW OF THIS AGREEMENT. Microsoft may prove your agreement or consent
to the terms and conditions of this Agreement in any manner, including without
limitation, by showing that a procedure existed by which you must have provided
consent or engaged in conduct or operations in order to obtain the applicable
service or items.
MICROSOFT RESERVES THE RIGHT TO MODIFY THE AGREEMENT GOVERNING THE GUIDE AT ANY TIME, IN ITS SOLE DISCRETION, BY PROVIDING YOU NOTICE OF MODIFICATIONS IN THE MANNER DETAILED BELOW. This includes any and all changes to subscription fees, service operation, and user rights and responsibilities. YOUR CONTINUED USE OF THE GUIDE FOLLOWING ANY SUCH NOTICE SHALL CONSTITUTE YOUR ACCEPTANCE OF THE MODIFIED AGREEMENT. IF ANY OF THE CHANGES MADE TO THIS AGREEMENT ARE UNACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THE GUIDE BY FOLLOWING THE INSTRUCTIONS LISTED BELOW UNDER TERMINATION OF SERVICE.
At any time, you may review and print a copy of the Agreement as then in effect by locating the Agreement on the World Wide Web.
THE AGREEMENT DISPLAYED ON THE WORLD WIDE WEB AT SUCH LOCATION SHALL BE THE CONTROLLING AND EFFECTIVE AGREEMENT REGARDLESS OF ANY INCONSISTENCIES WITH THIS TERMS OF SERVICE OR THE TERMS OF SERVICE DISPLAYED WHEN YOU PERFORM THE STEPS SET FORTH UNDER TERMINATION OF SERVICE IN THIS AGREEMENT.
Statement of Privacy
Microsoft's policies relating to the collection and use of information from your use of the Guide are set forth in the Statement of Privacy that you have previously reviewed. That Statement of Privacy is a part of this Agreement and your acceptance of this Agreement is also your acceptance of that Statement of Privacy.
Registration for the Guide Service
You represent and warrant that you are 18 years of age or older (or the age of majority in the Canadian province or territory in which you reside) and that you possess the legal right and ability to enter into this Agreement and to use the Guide in accordance with this Agreement. You agree to provide accurate and complete registration information. Your subscription is personal to you and you may not transfer it to any other person or entity. ?You? and ?your? as used throughout this Agreement shall mean you and any person using the Guide under your registration.
Use of the Guide Service
The Guide may only be accessed with an authorized personal computer using the Product. The Guide is offered solely for your personal and non-commercial use. Any commercial use of the Guide, or the resale or redistribution of any of its services or content, is expressly prohibited. You agree to abide by all applicable local, state, national, and international laws and regulations in your use of the Guide. You may not modify, copy, distribute, display, perform, sell, lease, license, or create derivative works of any information obtained from the Guide. You may allow other members of your household to use your subscription provided that you remain liable for their compliance with the terms and conditions of this Agreement. YOU AGREE TO INDEMNIFY AND HOLD MICROSOFT, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AND EMPLOYEES HARMLESS FROM ANY CLAIM, DEMAND, ACTION, DAMAGE, COST, OR EXPENSE, INCLUDING REASONABLE ATTORNEYS' FEES, ASSERTED AGAINST OR CAUSED MICROSOFT FROM A THIRD PARTY ARISING OUT OF OR RELATED TO YOUR USE OF THE GUIDE.
Content of the Guide Service
Microsoft does not control or endorse the content found in the Guide. Such content is provided by third parties and Microsoft is not responsible for such content.
Subscription Fees and Other Charges
The Guide is provided to you free of charge. As noted above with respect to changes to the terms of this Agreement, Microsoft reserves the right to change prices, or institute new charges for the Guide, at any time with thirty (30) days' notice to you. Furthermore, you are responsible for the costs of establishing an Internet connection to connect to the Guide. This includes fees paid to an Internet service provider, any long distance telephone toll charges associated with connecting to the Internet via such Internet service provider, and any equipment charges.
Termination of Service
You may terminate your use of the Guide at any time. To do this, on the Product ?Start? menu, select ?Settings,? then ?TV/DVD,? then ?Guide Setup,? and then ?Change Lineup.? When you are presented with the Terms of Service again, click on ?I don't agree? to terminate your access to the Guide (please note that the Terms of Service presented in this manner may not be the Agreement then in effect. Always review the current Agreement on the World Wide Web in the manner set forth above). Such termination shall be effective on the first business day following the date on which notice of termination is provided. Microsoft may terminate your subscription at any time in the event you do not comply with all of the terms and conditions of this Agreement. Furthermore, Microsoft may discontinue providing the Guide at any time.
Disclaimer
MICROSOFT PROVIDES THE GUIDE, INCLUDING ALL OF ITS SERVICES AND CONTENT, ?AS IS? AND ?AS AVAILABLE? WITHOUT WARRANTY OF ANY KIND. YOUR USE OF THE GUIDE IS AT YOUR OWN RISK. MICROSOFT MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, USABILITY, ACCURACY, AVAILABILITY, OR TIMELINESS OF THE GUIDE FOR ANY PURPOSE. MICROSOFT DOES NOT WARRANT THAT THE GUIDE WILL BE ERROR FREE OR THAT THERE WILL BE NO VIRUSES OR OTHER HARMFUL COMPONENTS CONTAINED WITHIN THE GUIDE. MICROSOFT DOES NOT WARRANT THAT THE GUIDE WILL BE UNINTERRUPTED OR AVAILABLE AT ANY TIME OR IN ANY GEOGRAPHIC LOCATION. MICROSOFT AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE GUIDE, INCLUDING WITHOUT LIMITATION, DUTIES, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR COMPLETENESS OF RESPONSES, RESULTS, WORKMANLIKE EFFORT, LACK OF VIRUSES, LACK OF NEGLIGENCE, TITLE, NON-INFRINGEMENT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.
Limitation of Liability
IN NO EVENT SHALL MICROSOFT AND/OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE GUIDE. SUCH DAMAGES INCLUDE ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS. THIS PARAGRAPH SHALL APPLY REGARDLESS OF WHETHER THE THEORY OF LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE AND WHETHER OR NOT MICROSOFT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES. MICROSOFT'S LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO MICROSOFT EXPLICITLY AND SOLELY FOR ACCESS TO THE GUIDE AND NOT FOR ANY OTHER PRODUCT OR SERVICE OF MICROSOFT, INCLUDING THE PRODUCT. YOU HEREBY RELEASE MICROSOFT FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE GUIDE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO NOT REGISTER FOR THE GUIDE OR TO TERMINATE YOUR USE OF THE GUIDE.
Notice of Changes to this Agreement
Microsoft will notify you of changes to this Agreement the first time you use the Guide following any such change. At such time, the Product will display a dialog box that will display a button for the ?Terms of Service? for the Guide that is maintained on the World Wide Web. You must select that button before you will be able to continue to use the Guide. Selecting the button will display the current Agreement then in effect. If any of the changes made to this Agreement are unacceptable to you, you must immediately terminate your use of the Guide by following the instructions listed under Termination of Service in this Agreement.
Notices to Microsoft
If you have questions or comments regarding this Agreement or otherwise need to provide notice to Microsoft with respect to this Agreement, you must contact Microsoft by contacting technical support as described in ?Help? in the Product.
Choice of Law and Venue
Claims for enforcement, breach or violation of duties or rights under this Agreement shall be adjudicated under the laws of the State of Washington, without reference to conflict of laws principles. All other claims, including without limitation claims under or for violation of state consumer protection laws, unfair competition laws, and in tort, shall be adjudicated under the law of your state of residence. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the Guide. Use of the Guide is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement and conditions including, without limitation, this paragraph.
Enforcement
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Microsoft's failure to insist upon or enforce strict performance of any provision of this Agreement does not mean that Microsoft has waived any such provision or right in this Agreement. No waiver of a breach of any provision of this Agreement or of any default hereunder will be deemed a waiver of any other breach or default of this Agreement. YOU AND MICROSOFT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE GUIDE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The section titles in the Agreement are provided solely for the convenience of the parties and have no legal or contractual significance. A printed copy of this Agreement and of any of Microsoft's other electronic records shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Entire Agreement
This Agreement, including the Statement of Privacy, constitutes the entire agreement between Microsoft and you with respect to your use of the Guide, and it supersedes all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between Microsoft and you with respect to the Guide only. Microsoft may assign this Agreement, in whole or in part, to any third party at any time with or without notice to you. You may not assign or transfer this Agreement.
Performance Subject to Law
Microsoft's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Microsoft's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Guide or information provided to or gathered by Microsoft with respect to such use.
Agreement Drawn in English
The parties to this Agreement confirm that it is their wish that this Agreement, as well as all other documents relating to it, have been and shall be drawn up in the English language only. Any conflict between this Agreement and any translations provided by Microsoft or its partners or providers in other languages, either orally or in printed form, shall be resolved in favor of this English-language version. Les parties aux présentes confirment leur volonté que cette convention, de même que tous les documents qui s'y rattachent, soient rédigés en langue anglaise.
Copyright and Trademark Notices
All contents of the Guide Service are Copyright © Microsoft Corporation and/or its suppliers. All rights reserved. Microsoft, MSN, the MSN logo, and/or other Microsoft or products and services referenced herein are either trademarks or registered trademarks of Microsoft. Any rights not expressly granted herein are reserved.
Notices and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO SUCH CLAIMS WILL RECEIVE NO RESPONSE.
Notices should be sent to this address:
J.K. Weston
One Microsoft Way
Redmond, WA 98052
Phone: (425) 703-5529
Fax: (425) 936-4112
E-mail address: jkweston@microsoft.com
Please refer to the Notice and Procedure for Making Claims of Copyright Infringement for further instructions.
END OF AGREEMENT
Upgrade to Windows Media Center
A feature in Windows Vista Home Premium and Windows Vista Ultimate, Windows Media Center brings together all your favorite entertainment in one place for you to enjoy on your PC, on your TV or on the go. Included with Windows Vista Home Premium and Windows Vista Ultimate, Windows Media Center's simple menus allow you to easily find and enjoy your photos, music, videos, online entertainment, and live and recorded TV. Get started with Windows Media Center.
