Hey Buddy,
You know, if they ever find out you sent their beloved and copyrighted
agreement to this list, they may sue you.
Greg
----- Original Message -----
From: "Buddy Brannan" <davros@xxxxxxxxxx>
To: <speakup at braille.uwo.ca>
Sent: Tuesday, April 03, 2001 9:31 PM
Subject: Re: [cbbrowne at localhost.brownes.org: [NTLUG:Discuss] Fear and
Loathing in Redmond...]
> Yeah. I still say they're disgusting slimeballs and hope they roast in
> hell.
>
> But lest anyone think that the quote I got from that hideous excuse
> for a licensing agreement, here's the whole thing, in all of its
> (umm....) glory. I still maintain that the full document doesn't make
> the objectional parts any better.
>
>
>
> AGREEMENT BETWEEN USER AND MICROSOFT CORPORATION
> The Microsoft Passport Web Site is comprised of a Web site and its
> associated services and is operated by Microsoft Corporation
> ("Microsoft").
> The Passport Web Site and its associated services is offered to you
> conditioned on your acceptance without modification of the terms,
> conditions, and notices contained herein. Your use of the Passport Web
> Site and its associated services constitutes your agreement to all
> such terms, conditions, and notices.
> You agree to familiarize yourself with the Terms of Use and other
> terms and guidelines found throughout the Passport Web Site and abide
> by them if you choose to use the sites, pages or services to which
> they apply.
> MODIFICATION OF THESE TERMS OF USE
> Microsoft reserves the right to change the terms, conditions, and
> notices under which the Passport Web Site and services are offered.
> You are responsible for regularly reviewing these terms and
> conditions. Continued use of the Passport Web Site or services after
> any such changes shall constitute your consent to such changes.
> USE LIMITATION
> Unless you are a signatory to a Passport Participant License and
> Service agreement, the Passport Web Site and services are for your
> personal and non-commercial use. Except as may be specifically set
> forth in the Passport Participant License and Service Agreement(s) (as
> applicable only to Passport Participant web sites), you may not
> modify, copy, distribute, transmit, display, perform, reproduce,
> publish, license, create derivative works from, transfer, or sell any
> information, software, products or services obtained from through the
> Passport Web Site and service.
> LINKS TO THIRD PARTY SITES
> The Passport Web Site may contain links to other Web sites ("Linked
> Sites"). The Linked Sites are not under the control of Microsoft and
> Microsoft is not responsible for the contents of any Linked Site,
> including without limitation any link contained in a Linked Site, or
> any changes or updates to a Linked Site. Microsoft is not responsible
> for webcasting or any other form of transmission received from any
> Linked Site. Microsoft is providing these links to you only as a
> convenience, and the inclusion of any link does not imply endorsement
> by Microsoft of the site or any association with its operators.
> NO UNLAWFUL OR PROHIBITED USE
> As a condition of your use of the Passport Web Site and service, you
> warrant to Microsoft that you will not use the Passport Web Site or
> service for any purpose that is unlawful or prohibited by these terms,
> conditions, and notices. You may not use the Passport Web Site or its
> associated service in any manner which could damage, disable,
> overburden, or impair the Passport Web Site or interfere with any
> other party's use and enjoyment of the Passport Web Site or its
> associated services. You may not obtain or attempt to obtain any
> materials or information through any means not intentionally made
> available or provided for through the Passport Web Site.
> USE OF COMMUNICATION SERVICES
> The Passport Web Site may contain bulletin board services, chat areas,
> news groups, forums, communities, personal web pages, group calendars,
> electronic mail postings and/or other message or communication
> facilities designed to enable you to communicate with the public at
> large or with a group (collectively, "Communication Services"), you
> agree to use the Communication Services only to post, send and receive
> messages and material that are proper and related to the particular
> Communication Service. By way of example, and not as a limitation, you
> agree that when using a Communication Service, you will not:
> * Defame, abuse, harass, stalk, threaten or otherwise violate the
> legal rights (such as rights of privacy and publicity) of others.
> * Publish, post, upload, distribute or disseminate any
> inappropriate, profane, defamatory, infringing, obscene, indecent
> or unlawful topic, name, material or information.
> * Upload files that contain software or other material protected by
> intellectual property laws (or by rights of privacy of publicity)
> unless you own or control the rights thereto or have received all
> necessary consents.
> * Upload files that contain viruses, corrupted files, or any other
> similar software or programs that may damage the operation of
> another's computer.
> * Advertise or offer to sell or buy any goods or services for any
> commercial purpose, unless such Communication Service specifically
> allows such messages.
> * Conduct or forward surveys, contests, pyramid schemes or chain
> letters.
> * Download any file posted by another user of a Communication
> Service that you know, or reasonably should know, cannot be
> legally distributed in such manner.
> * Falsify or delete any author attributions, legal or other proper
> notices or proprietary designations or labels of the origin or
> source of software or other material contained in a file that is
> uploaded.
> * Restrict or inhibit any other user from using and enjoying the
> Communication Services.
> * Violate any code of conduct or other guidelines which may be
> applicable for any particular Communication Service.
> * Harvest or otherwise collect information about others, including
> e-mail addresses, without their consent.
> * Violate any applicable laws or regulations.
>
> Microsoft reserves the right to review materials posted to a
> Communication Service and to remove any materials in its sole
> discretion. Microsoft reserves the right to terminate your access to
> any or all of the Communication Services at any time without notice
> for any reason whatsoever.
> Microsoft has no obligation to monitor the Communication Services.
> However, Microsoft reserves the right at all times to disclose any
> information as necessary to satisfy any applicable law, regulation,
> legal process or governmental request, or to edit, refuse to post or
> to remove any information or materials, in whole or in part, in
> Microsoft's sole discretion.
> You acknowledge that all Communication Services are public and not
> private communications, therefore your communications may be read by
> others without your knowledge. Always use caution when giving out any
> personally identifying information about yourself or your children in
> any Communication Service. Microsoft does not control or endorse the
> content, messages or information found in any Communication Service
> and, therefore, Microsoft specifically disclaims any liability with
> regard to the Communication Services and any actions resulting from
> your participation in any Communication Service. Forum managers and
> hosts are not authorized Microsoft spokespersons, and their views do
> not necessarily reflect those of Microsoft.
> Materials uploaded to a Communication Service may be subject to posted
> limitations on usage, reproduction and/or dissemination, you are
> responsible for adhering to such limitations if you download the
> materials.
> LICENSE TO MICROSOFT
> By posting messages, uploading files, inputting data, submitting any
> feedback or suggestions, or engaging in any other form of
> communication with or through the Passport Web Site, you warrant and
> represent that you own or otherwise control the rights necessary to do
> so and you are granting Microsoft and its affiliated companies
> permission to:
> 1. Use, modify, copy, distribute, transmit, publicly display,
> publicly perform, reproduce, publish, sublicense, create
> derivative works from, transfer, or sell any such communication.
> 2. Sublicense to third parties the unrestricted right to exercise any
> of the foregoing rights granted with respect to the communication.
> 3. Publish your name in connection with any such communication.
>
> The foregoing grants shall include the right to exploit any
> proprietary rights in such communication, including but not limited to
> rights under copyright, trademark, service mark or patent laws under
> any relevant jurisdiction. No compensation will be paid with respect
> to Microsoft's use of the materials contained within such
> communication. Microsoft is under no obligation to post or use any
> materials you may provide and may remove such materials at any time in
> Microsoft's sole discretion.
> SOFTWARE AVAILABLE ON THE PASSPORT WEB SITE
> Software (if any) that is made available to download from the Passport
> Web Site, excluding software that may be made available by end-users
> through a Communication Service, ("Software") is the copyrighted work
> of Microsoft and/or its suppliers. Your use of the Software is
> governed by the terms of the license agreement, if any, which
> accompanies or is included with the Software ("License Agreement").
> You may not install or use any Software that is accompanied by or
> includes a License Agreement unless you first agree to the License
> Agreement terms. For any Software not accompanied by a license
> agreement, Microsoft hereby grants to you, the user, a personal,
> non-transferable license to use the Software for viewing and otherwise
> using the Passport Web Site and service in accordance with these Terms
> of Use, and for no other purpose provided that you keep intact all
> copyright and other proprietary notices. All Software is owned by
> Microsoft and/or its suppliers and is protected by copyright laws and
> international treaty provisions. Any reproduction or redistribution of
> the Software is expressly prohibited by law, and may result in severe
> civil and criminal penalties. Violators will be prosecuted to the
> maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR
> REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR
> FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE
> SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE
> LICENSE AGREEMENT. You acknowledge that the Software, and any
> accompanying documentation and/or technical information, is subject to
> applicable export control laws and regulations of the USA. You agree
> not to export or re-export the Software, directly or indirectly, to
> any countries that are subject to USA export restrictions.
> LIABILITY DISCLAIMER
> THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
> AVAILABLE THROUGH THE PASSPORT WEB SITE AND SERVICE MAY INCLUDE
> INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED
> TO THE INFORMATION HEREIN. MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS
> MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PASSPORT WEB SITE OR
> SERVICE AT ANY TIME. ADVICE RECEIVED VIA THE PASSPORT WEB SITE OR
> SERVICE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR
> FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL
> FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
> MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
> ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND
> ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
> GRAPHICS CONTAINED ON OR OBTAINED THROUGH THE PASSPORT WEB SITE OR
> SERVICE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
> SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF
> ANY KIND. MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM
> ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
> SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
> IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
> PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
> IN NO EVENT SHALL MICROSOFT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
> DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES
> OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
> LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
> WITH THE USE OR PERFORMANCE OF THE PASSPORT WEB SITE OR RELATED
> SERVICES, WITH THE DELAY OR INABILITY TO USE THE PASSPORT WEB SITE OR
> RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR
> FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
> OBTAINED THROUGH THE PASSPORT WEB SITE OR SERVICE, OR OTHERWISE
> ARISING OUT OF THE USE OF THE PASSPORT WEB SITE OR SERVICE, WHETHER
> BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
> EVEN IF MICROSOFT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
> POSSIBILITY OF DAMAGES. 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 PASSPORT WEB SITE OR SERVICE,
> OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS
> TO DISCONTINUE USING THE PASSPORT WEB SITE AND ITS RELATED SERVICES.
> SERVICE CONTACT
> Contact customer service with questions or problems with this Web
> site.
> TERMINATION/ACCESS RESTRICTION
> Microsoft reserves the right, in its sole discretion, to terminate
> your access to the Passport Web Site and the related services or any
> portion thereof at any time, without notice.
> GENERAL
> This agreement is governed by the laws of the State of Washington,
> U.S.A. You hereby 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 Passport Web Site or service. Use of
> the Passport Web Site and service is unauthorized in any jurisdiction
> that does not give effect to all provisions of these terms and
> conditions, including without limitation this paragraph. You agree
> that no joint venture, partnership, employment, or agency relationship
> exists between you and Microsoft as a result of this agreement or use
> of the Passport Web Site or service. Microsoft may assign this
> agreement, in whole or in part, at any time. 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 Passport Web Site or
> service or information provided to or gathered by Microsoft with
> respect to such use. 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. This agreement and the Passport
> Participant License and Service agreement(s) (where applicable)
> constitute the entire agreement between the user and Microsoft with
> respect to the Passport Web Site and service and such agreements
> supersede all prior or contemporaneous communications and proposals,
> whether electronic, oral or written, between the user and Microsoft
> with respect to the Passport Web Site and service. A printed version
> of this agreement and of any notice given in electronic form shall be
> admissible in judicial or administrative proceedings based upon or
> relating to this agreement to the same extent and subject to the same
> conditions as other business documents and records originally
> generated and maintained in printed form.
> COPYRIGHT AND TRADEMARK NOTICES:
> All contents of the Passport Web Site are: Copyright ? 1999 Microsoft,
> Inc. and/or its suppliers, c/o Microsoft Corporation, One Microsoft
> Way, Redmond, Washington 98052-6399 U.S.A. All rights reserved.
> TRADEMARKS. Microsoft, Hotmail, MSN and other names of Microsoft
> products and/or services referenced herein are trademarks or
> registered trademarks of Microsoft Corporation. The names of actual
> companies and products mentioned herein may be the trademarks of their
> respective owners.
> The example companies, organizations, products, people and events
> depicted herein are fictitious. No association with any real company,
> organization, product, person, or event is intended or should be
> inferred.
> 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
> Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE
> FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure
> for Making Claims of Copyright Infringement.
> FOR INFORMATION REGARDING THE PASSPORT PRIVACY STATEMENT CLICK HERE
>
> For Consumers | For Business | For Press | International
> ? 1999-2001 Microsoft Corporation. All rights reserved.
> TRUSTe Approved Privacy Statement | Terms of Use
>
> --
> Buddy Brannan, KB5ELV | I choose you to take up all of my time.
> Email: davros at ycardz.com | I choose you because you're funny and kind
> Phone: (972) 276-6360 | I want easy people from now on.
> | --the Nields
>
> _______________________________________________
> Speakup mailing list
> Speakup at braille.uwo.ca
> http://speech.braille.uwo.ca/mailman/listinfo/speakup
>
