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Microsoft System Center Advisor Customer Portal Terms of Use

Last updated: November 2012

  1. ACCEPTANCE.

    Your use of the Microsoft System Center Advisor Customer Portal ("Portal") is governed by these Terms of Use ("TOU"). Microsoft reserves the right to update these TOU at any time without notice to you. You may only access or use the Portal if you agree to these terms. If you do not agree, do not access or use the Portal.

  2. ONLINE SERVICES OFFERED THROUGH PORTAL.

    Microsoft offers a trial subscription or full service activation of Microsoft System Center Advisor through this Portal (collectively, "Services").

  3. APPLICABILITY.

    These TOU do not govern the use of any other Microsoft websites nor does it govern the use of a trial, sale, purchase or use of the Services. The other Microsoft websites and the Services, including any updates, enhancements or new features, are governed by the agreement(s) under which you purchase or use them.

  4. ACCEPTABLE USE.

    1. As a condition of your use of the Portal, you may not:

      • Use the Portal in violation of applicable law;

      • Use the Portal in a way that could harm the Portal or impair anyone else's use of the Portal;

      • Misrepresent your identity;

      • Use the Portal to transmit, distribute or deliver any unsolicited bulk or unsolicited commercial email (i.e., spam); or

      • Remove, modify or tamper with any notice or link that is incorporated into the Portal.

    2. If Microsoft believes that unauthorized or improper use is being made of the Portal, it may, without notice and in its sole discretion, take such action as it deems appropriate, including blocking messages from a particular Internet domain, mail server or IP address. Violation can lead to termination of your account.

    3. Microsoft is not responsible for the content of any user-created posting, listing or message on the Portal. The decision to view any such content is yours.

    4. You are responsible for protecting your computer against interference, spyware or viruses that may be encountered in connection with your use of the Portal. We recommend you install a virus protection program on your computer and keep it up to date.

    5. Information you provide or upload to the Portal may be stored outside the country in which you reside.

  5. ACCOUNT, PASSWORD AND SECURITY.

    If any part of the Portal requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Microsoft immediately of any unauthorized use of your account or any other breach of security. Microsoft will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Microsoft or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

  6. PRIVACY.

    Please read the Microsoft System Center Advisor Privacy Statement (located at http://go.microsoft.com/fwlink/?LinkID=195849) for information about the features of this Portal as well as the Service’s collection and use of your personal information.

  7. NOTICE REGARDING PORTAL AND SOFTWARE OR DOCUMENTS AVAILABLE VIA THE PORTAL.

    IN NO EVENT WILL MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PORTAL INCLUDING WITHOUT LIMITATION ANY SOFTWARE OR DOCUMENTS AVAILABLE VIA THE PORTAL.

  8. SOFTWARE AVAILABLE FROM THE PORTAL.

    Any software that is made available to download from the Portal ("Software") is the copyrighted work of Microsoft and/or its suppliers. Use of the Software is governed by the terms of your Services agreement or the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). Any use, reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in civil or criminal penalties.

    THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, MICROSOFT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FOR YOUR CONVENIENCE, MICROSOFT MAY MAKE AVAILABLE THROUGH THE PORTAL TOOLS OR UTILITIES FOR USE AND/OR DOWNLOAD. MICROSOFT DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS OR UTILITIES. RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from the Portal for or on behalf of the United States of America, its agencies or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399.

  9. DOCUMENTS AVAILABLE FROM THE PORTAL.

    If there are documents available from the Portal, permission to use documents, such as help topics, white papers, datasheets and FAQs (collectively, "Documents"), that are made available on the Portal is granted, provided that (1) the copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of the Documents is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of the Documents are made. Use for any other purpose is expressly prohibited by law, and may result in civil or criminal penalties.

    Documents specified above do not include the design or layout of the Portal. Elements of Portal are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Portal may be copied or retransmitted unless expressly permitted by Microsoft.

    MICROSOFT AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS FOR ANY PURPOSE. THE DOCUMENTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MICROSOFT AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

  10. MICROSOFT ACCOUNT

    To access and use the Services, you must have a Microsoft account - a multi-purpose authentication Web service that makes it easy for you to sign in to web sites. If you do not have a Microsoft account, you will be required to create one. In order to do so, you must accept the Microsoft Services Agreement available at http://go.microsoft.com/fwlink/?LinkID=204827. The Microsoft Services Agreement applies to your use of Microsoft account credentials whether on the Portal or another web site.

  11. INTELLECTUAL PROPERTY RIGHTS.

    Microsoft or its suppliers retain all right, title and interest in and to the Portal, including all copyrights, patents, trade secrets, trademarks and other intellectual property rights. Microsoft reserves all rights not expressly granted. These TOU do not grant or imply any rights to any Microsoft or supplier trademarks, trade names or logos. Trademark information is available at http://www.microsoft.com/library/toolbar/3.0/trademarks/en-us.mspx.

  12. 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 NOT RECEIVE A RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement available at http://go.microsoft.com/fwlink/?LinkID=204828.