Terms of Use

What the Contract Covers.

This is a contract between you and the Microsoft company referenced below under "Contracting Party". Sometimes the Microsoft company referenced in this contract is referred to as "Microsoft," "we," "us" or "our". This contract applies to Microsoft Recite for Windows Mobile software or services (including updates) that you use while this contract is in force.

All of the software or services are referred to in this contract as the "service." Please note that we do not provide warranties for the service. The contract also limits our liability. These terms are under the heading "LIABILITY LIMITATION", and we ask you to read them carefully.

This service sends information to Microsoft as described in the Microsoft Recite Privacy Statement, and as described in the “Privacy” section of these terms of use. You may incur carrier charges when this information is sent to Microsoft.

Technology Preview. This software (and related service) is a technology preview. It may not work the way a final released version of software might.

Feedback. If you provide feedback to Microsoft about the service, you give to Microsoft, without charge, the right to use, share and commercialize your feedback in any way and for any purpose. You also give to third parties, without charge, any patent rights needed for their products, technologies and services to use or interface with any specific parts of a Microsoft software or service that includes the feedback. You will not give feedback that is subject to a license that requires Microsoft to license its software or documentation to third parties because we include your feedback in them. These rights survive this agreement.

Voice and Data Cellular Access Charges. The service requires the use of a cellular network and access to cellular data service. Features of this application, including automatic updating, may cause you to incur data service charges from your mobile provider. Roaming may incur additional fees. Refer to your wireless service plan for details on coverage areas and service fees. You are responsible for paying all the fees charged by your cellular network provider. If you incur any extra charges, then you must pay them. We will not reimburse you for them. For more information about the Microsoft Recite for Windows Mobile service, see http://recite.microsoft.com

How You May Use the Service. In using the service, you will:

How You May Not Use the Service. In using the service, you may not:

  • use the service in a way that harms us or our affiliates, resellers, distributors, and/or vendors (collectively, the "Microsoft parties"), or any customer of a Microsoft party;
  • engage in, facilitate, or further unlawful conduct;
  • use any unauthorized means to modify or reroute, or attempt to modify or reroute, the service;
  • damage, disable, overburden, or impair the service (or the network(s) connected to the service) or interfere with anyone's use and enjoyment of the service; or
  • resell or redistribute the service, or any part of the service.

Privacy. In order to operate and provide the service, we collect certain information about you. The service will automatically check with Microsoft for service updates and new versions on a weekly basis. This software uses the Recite Experience Improvement Program (“REIP”), which automatically sends to Microsoft information about your hardware and how you use this software. For more information about REIP and other privacy features of this service, see the Microsoft Recite Privacy Statement. If you do not want the service to check for updates, please uninstall the software. We may access or disclose information about you, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of Microsoft or our customers, including the enforcement of our agreements or policies governing your use of the service; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Microsoft employees, customers or the public. We may use technology or other means to protect the service, protect our customers, or stop you from breaching this contract. These means may include, for example, filtering to stop spam or increase security. These means may hinder or break your use of the service.

Information that is collected by or sent to Microsoft by Recite may be stored and processed in the United States or any other country in which Microsoft or its affiliates, subsidiaries, or service providers maintain facilities. Microsoft abides by the safe harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union.

Software. We grant you the right to use the software only for the authorized use of the service. We reserve all other rights to the software. We may automatically check your version of the software. We may automatically download upgrades to the software to your device to update, enhance and further develop the service. You will not disassemble, decompile, or reverse engineer any software included in the service, except and only to the extent that the law expressly permits this activity. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see http://www.microsoft.com/exporting (available in English only).

WE MAKE NO WARRANTY. We provide the service "as-is," "with all faults" and "as available." We do not guarantee the accuracy or timeliness of information available from the service. The Microsoft parties give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.

LIABILITY LIMITATION. You can recover from the Microsoft parties only direct damages. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental or punitive damages. This limitation applies to anything related to:

  • the service,
  • content (including code) on third party Internet sites, third party programs or third party conduct,
  • viruses or other disabling features that affect your access to or use of the service,
  • incompatibility between the service and other services, software and hardware,
  • delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the service in an accurate or timely manner, and
  • claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort.

It also applies even if:

  • this remedy does not fully compensate you for any losses, or fails of its essential purpose; or
  • Microsoft knew or should have known about the possibility of the damages.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. They also may not apply to you because your province or country may not allow the exclusion or limitation of incidental, consequential or other damages.

Changes to or Cancellations of the Service. We may change the service or delete features at any time and for any reason. We may cancel or suspend your service at any time. Our cancellation or suspension may be without cause and/or without notice. Upon service cancellation, your right to use the service stops right away. Once the service is cancelled or suspended, any data you have stored on the service may not be retrieved later. Our cancellation of the service will not alter your obligation to pay all charges made to your billing account.

Interpreting the Contract. All parts of this contract apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This is the entire contract between you and us regarding your use of the service. It supersedes any prior contract or statements regarding your use of the service. The section titles in the contract do not limit the other terms of this contract.

Assignment. We may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the service or any part of the service.

No Third Party Beneficiaries. This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns under this contract.

Claim Must Be Filed Within One Year. Any claim related to this contract or the service may not be brought unless brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed in time, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns.

Consent Regarding Electronic Information. This contract is in electronic form. There may be other information regarding the service that the law requires us to send you. We may provide required information to you by access to a Microsoft web site that will be generally designated in advance for this purpose.

Contracting Party, Choice of Law and Location for Resolving Disputes. This contract is between you and the Microsoft company for your country or region. In this section, find the country or region where you live (if you are signing up for the service as an individual person) or your business is located (if you are signing up for services for your business) in the subsections below, and in that subsection you will find the Microsoft company that is contracting with you and the choice of law and the location for resolving disputes with the Microsoft company.

  1. North America. If you live or your business is headquartered in the United States then you are contracting with Microsoft Corporation, One Microsoft Way, Redmond , WA 98052, United States, and Washington state law governs the interpretation of this contract and applies 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 your state of residence in the United States, or if you live outside the United States, the laws of the country to which we direct your service. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, USA for all disputes arising out of or relating to this contract.
  2. United Kingdom. If you live or your business is headquartered in the United Kingdom then 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 is contract 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 service. 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 contract.

NOTICES

Notices and Procedure for Making Claims of Copyright Infringement. Under 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 at http://www.microsoft.com/info/cpyrtInfrg.htm.

Copyright and Trademark Notices. All contents of the service are Copyright © 2008 Microsoft Corporation and/or its suppliers, One Microsoft Way, Redmond, Washington 98052-6399 U.S.A. All rights reserved. Copyright and other intellectual property laws and treaties protect any software or content provided as part of the service. We or our suppliers own the title, copyright, and other intellectual property rights in the software or content. Microsoft, Windows, Windows Mobile, Windows logo, MSN, MSN logo (butterfly), and Microsoft Recite and/or other Microsoft products and services referenced herein may also be either trademarks or registered trademarks of Microsoft in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved. Certain software used in certain Microsoft web sites 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 certain Microsoft web sites servers is copyright © 1986-1993 Thomas Williams, Colin Kelley. All rights reserved.

Respect Copyright. Please respect the rights of artists and creators. Content such as music, photos and video may be protected by copyright. People appearing in content may have a right to control use of their image. You may not share other people's content unless you own the rights or have permission from the owner.

Support. Customer support is not offered for the service, unless provided otherwise in this contract or the materials we publish in connection with a particular service specify that it includes customer support.

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