Third Party Terms
Provider's solutions may incorporate one or more software components licensed from third parties. The following terms control your use of those products.
For all Microsoft Software Products incorporated in Provider's solutions, regardless of where those products may be deployed, the following terms apply:
- You shall not remove, modify or obscure any copyright, trademark or other proprietary rights notices that are contained in or on the Microsoft Software Products;
- You shall not directly or in concert with others attempt to reverse engineer, decompile, or disassemble the Microsoft Software Products, except to the extent that such activity is expressly permitted by applicable law;
- YOU ACKNOWLEDGE THAT MICROSOFT DISCLAIMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES PERTAINING TO THE MICROSOFT SOFTWARE PRODUCTS AND ANY LIABILITY BY MICROSOFT OR ITS SUPPLIERS FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, OR CONSEQUENTIAL, ARISING FROM THE PROVIDER'S SERVICES;
- You acknowledge that if any technical support is available in connection with Provider's Services, that support will come from Provider or a third party on Provider's behalf (and not Microsoft or its suppliers;
- You acknowledge that it may be necessary under some circumstances for Provider to provide the identities of its customers in connection with Provider's licensing obligations, and you expressly consent to such disclosures, to the extent that they are so required;
- YOU ACKNOWLEDGE THAT THE MICROSOFT SOFTWARE PRODUCTS ARE NOT FAULT-TOLERANT AND ARE NOT DESIGNED OR INTENDED FOR USE IN ANY SITUATION WHERE FAILURE OR FAULT OF ANY KIND COULD LEAD TO DEATH OR SERIOUS BODILY INJURY OF ANY PERSON, OR TO SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE (”HIGH RISK USE“). YOU ARE NOT LICENSED TO USE THE PROVIDER'S SERVICES OR ANY OF THEIR COMPONENTS IN, OR IN CONJUNCTION WITH, ANY HIGH RISK USE. HIGH RISK USE IS STRICTLY PROHIBITED.
For all Microsoft Software Products incorporated in Provider's solutions and installed on your computers (e.g., client software, such as Microsoft Outlook®), the following, additional terms apply:
- The Licensed Products are licensed to Provider from an affiliate of the Microsoft Corporation (collectively ”Microsoft“). All title and intellectual property rights in and to the Licensed Products (and the constituent elements thereof, including but not limited to any images, photographs, animations, video, audio, music, text and ”applets“ incorporated into the Licensed Products) are owned by Microsoft or its suppliers. The Licensed Products are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Your possession, access, or use of the Licensed Products does not transfer any ownership of the Licensed Products or any intellectual property rights to you.
- You may use any software installed on your devices by Provider that allows those devices to access or utilize the services or functionality provided by Provider (the ”Client Software“) only in accordance with the instructions, and only in connection with the services, provided to you by Provider. The terms of this document permanently and irrevocably supersede the terms of any Microsoft End User License Agreement that may be presented in electronic form during your use of the Client Software.
- In connection with the services provided to you by Provider, you may have access to certain ”sample,“ ”redistributable“ and/or software development (”SDK“) software code and tools (individually and collectively "Redistribution Software"). YOU MAY NOT USE, MODIFY, COPY, AND/OR DISTRIBUTE ANY REDISTRIBUTION SOFTWARE UNLESS YOU EXPRESSLY AGREE TO AND COMPLY WITH CERTAIN ADDITIONAL TERMS CONTAINED IN THE SERVICES PROVIDER USE RIGHTS (”SPUR“) APPLICABLE TO PROVIDER, WHICH TERMS MUST BE PROVIDED TO YOU BY PROVIDER. Microsoft does not permit you to use any Redistribution Software unless you expressly agree to and comply with such additional terms, as provided to you by Provider.
- You may not make any copies of the Licensed Products; provided, however, that you may (a) make one copy of Client Software on your Device as expressly authorized by Provider; and (b) you may make copies of certain Redistribution Software in accordance with these terms. You must erase or destroy all such Client Software and/or Redistribution Software upon termination or cancellation of your agreement with Provider, upon notice from Provider or upon transfer of your Device to another person or entity, whichever occurs first. You may not copy any printed materials accompanying the Licensed Products.
- You may not rent, lease, lend, pledge, or directly or indirectly transfer or distribute the Licensed Products to any third party, and may not permit any third party to have access to and/or use the functionality of the Licensed Products except for the sole purpose of accessing the functionality of the Licensed Products in the form of software services in accordance with the terms of this agreement and any agreement between you and Provider.
- Without prejudice to any other rights, Provider may terminate your rights to use the Licensed Products if you fail to comply with these terms and conditions. In the event of termination or cancellation of your agreement with Provider or Provider's agreement with Microsoft under which the Licensed Products are licensed, you must stop using and/or accessing the Licensed Products, and destroy all copies of the Licensed Products and all of its component parts.
- The Licensed Products are of U.S. origin for purposes of U.S. export control laws. You agree to comply with all applicable international and U.S. laws that apply to the Licensed Products, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by the U.S. and other governments. For additional information, see http://www.microsoft.com/exporting/.
- In addition to any liability you may have to Provider, you agree that you will also be legally responsible directly to Microsoft for any breach of these terms and conditions.