Wednesday, August 17, 2011

Codeplex by Microsoft (license terms)

CodePlex: Use Agreement Introduction This CodePlex Projects Use Agreement (called “Agreement”) describes the relationship between You and Microsoft Corporation (“Microsoft” or “We”) regarding Your participation in CodePlex Projects (called “Project” or “Projects”) which may include access to a Microsoft hosted web storage site used to store Project-related materials (CodePlex). By participating in a Project You agree to be bound by the terms and conditions in this Agreement, and the terms and conditions that apply to CodePlex generally, including but not limited to the CodePlex Code of Conduct, Privacy Statement, and Terms of Use, which are posted on CodePlex (hereinafter collectively referred to as the “General Terms of Use”). In the event the terms of this Agreement are inconsistent with the General Terms of Use, the terms of this Agreement shall apply to Projects, so long as such application is not inconsistent the General Terms of Use. Microsoft reserves the right to update or change this Agreement and the General Terms of Use at any time without notice to you. The most current version of this Agreement and the General Terms of Use can be reviewed by clicking on the applicable "Terms of Use" hypertext link located at the bottom of our Web pages. By accessing or using CodePlex in any way, including but not limited to creating, contributing to or using a Project, accessing services, downloading any materials, or merely browsing the CodePlex web site, you agree to and are bound by the terms of this Agreement and the General Terms of Use. Microsoft is not responsible for monitoring, controlling, reviewing or revising Projects or their contents, and does not endorse third-party Projects on this site. If you do not agree to all of the terms and conditions contained in this Agreement and the General Terms of Use, do not access or use the CodePlex web site. 1. Participating In a Project You acknowledge that Microsoft does not have any liability with respect to Your ability to access or participate in a Project, or with regards to the loss of any information or materials resulting from such access or lack of access thereto. 2. Creating a Project When creating a Project, it is entirely up to You to determine whether or not a Participant may participate in Your Project. When creating a project You are responsible for choosing which of the available end user license agreements will govern Your Project. You must select one of the listed licenses to govern your Project (“Project License”). The license You select (the “Project License”) will appear in the license text box of your Project, and in the event another license, or other terms or conditions, appear on, in or are otherwise referenced in your project, you agree that the Project License will control your Project. 3. License Grant to Your Stuff You have control over the information, materials or code You put in a Project (We will call it “Your Stuff”). Microsoft does not claim ownership of Your Stuff (including feedback and suggestions regarding Codeplex or other Microsoft material posted on the site). However, by posting, uploading, inputting, providing or submitting ("Posting") your Stuff, you understand and agree that you’re giving a license under your intellectual property rights to all authorized users, including the rights to download, copy, modify, distribute and repost, Your Stuff. In addition, you’re giving Microsoft all the necessary rights to make Your Stuff available on this site and to make improvements to the CodePlex site based on your suggestions. Microsoft does not control, review, revise or endorse third-party submissions, and shall not be responsible for monitoring them. Microsoft is hosting the CodePlex site solely as a web storage site as a service to the developer community. 4. Ground Rules for Materials You Post to A Project The General Terms of Use contain other terms and conditions that will apply to Your Stuff, including Microsoft’s use of Your Stuff and use of it by other Project participants and visitors. Here are a few other ground rules that apply to the Project: First, You agree that Your Stuff will not infringe the rights of any third-party intellectual property or other rights, under law or contract, and that You either own or have obtained the necessary rights or appropriate consent to include any materials subject to such rights in Your Stuff. Second, You also agree that Microsoft may remove at any time, without notice, any Project or any posting made to a Project or CodePlex that is not in compliance with the terms of this Agreement or the General Terms of Use, as solely determined by Microsoft. 5. Disclaimer of Warranties TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT AND ITS SUPPLIERS PROVIDE THE PROJECT AND ANY SUPPORT SERVICES RELATED TO THE PROJECT (“SUPPORT SERVICES”) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM WITH RESPECT TO THE PROJECT AND SUPPORT SERVICES ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES, DUTIES OR CONDITIONS OF OR RELATED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, WORKMANLIKE EFFORT AND LACK OF NEGLIGENCE. ALSO, THERE IS NO WARRANTY, DUTY OR CONDITION OF TITLE, OR WARRANTY OF QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY, OR ARISING OUT OF THE USE OR PERFORMANCE OF THE PROJECT AND ANY SUPPORT SERVICES, REMAINS WITH YOU. 6. Exclusion of Incidental, Consequential and Certain Other Damages TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE PARTICIPATION IN OR INABILITY TO PARTICIPATE IN THE PROJECT OR SUPPORT SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF MICROSOFT OR ANY SUPPLIER, AND EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH 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. 7. Limitation of Liability and Remedies NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF MICROSOFT AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO FIVE DOLLARS (US$5.00). THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 6 AND 7 ABOVE) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. 8. Termination Microsoft may terminate this Agreement and remove the project at any time if You fail to comply with its terms and conditions as determined solely by Microsoft. Microsoft shall also have the right to terminate this Agreement and remove the Project due to inactivity, modification or termination of the CodePlex services, by providing 10 days written notification to the most recent email address provided by You to Microsoft, and You agree that such notification shall be deemed sufficient. 9. Governing Law/Jurisdiction/Attorneys’ Fees This Agreement shall be construed and controlled by the laws of the State of Washington, and You consent to exclusive jurisdiction and venue in the federal courts sitting in King County, Washington, unless no federal jurisdiction exists, in which case You consent to exclusive jurisdiction and venue in the Superior Court of King County, Washington. You waive all defenses of lack of personal jurisdiction and forum non convenience. Process may be served on either party in the manner authorized by applicable law or court rule. If either party employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees, costs and other expenses.

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