TurboEPM:Copyrights

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Microsoft Knowledge Base Content Agreement

IMPORTANT: READ CAREFULLY. This Knowledge Base Content Agreement (the "Agreement") is between you, as an individual member of this program ("You"), and Microsoft Corporation ("Microsoft").

NOW THEREFORE, in consideration of the mutual promises and covenants herein, the sufficiency of which is hereby acknowledged, the parties agree as follows:

  1. OVERVIEW. This Agreement sets forth the terms and conditions surrounding your use of:A. Microsoft's publicly available Knowledge Base of technical articles and troubleshooting tools and guides, ("Public KB Content"); andB. Microsoft's confidential partner-level Knowledge Base of technical articles and troubleshooting tools and guides, as well as any confidential supplements to or portions of the Public KB Content (the "Confidential KB Content").The Public KB Content and the Confidential KB Content are collectively referred to herein as the "KB Content." Microsoft is the owner of the Microsoft KB Content located on the www.microsoft.com Web site.
  2. PERMITTED USE AND RESTRICTIONS.A. Permitted Display of Public KB Content. You may frame Public KB Content on your own personal Web site by pulling the Public KB Content from the Microsoft Support Web site located atmicrosoft.com at runtime and displaying it on your Web site. You must display the Public KB Content solely as provided by Microsoft and you must ensure that the Public KB Content is displayed with a "Microsoft Knowledge Base Article" header that has a font size not smaller than the Public KB Content title. You may not display any Confidential KB Content.B. Permitted Use of Confidential KB Content. You may use the Confidential KB Content solely for the purposes of your business relationship with Microsoft. You may not use or disclose the Confidential KB Content for the purposes of any third party. You may not display any Confidential KB Content on your website or elsewhere.C. Restricted Use. Except as expressly provided herein, you may not use, copy, modify, display, transfer, or create derivative works of the KB Content or any portion of the KB Content without Microsoft’s prior written consent.
  3. PROPRIETARY RIGHTS. Microsoft retains exclusive right, title and interest in and to the KB Content, including all intellectual property rights. The limited licenses granted herein in no way limit Microsoft's rights in the KB Content. Microsoft has the right to update, remove, or otherwise modify the KB Content at any time.
  4. CONFIDENTIALITY

A. If you have an existing non-disclosure agreement with Microsoft ("NDA"), then the terms and conditions of the NDA are incorporated herein by this reference. In the event there is not an existing NDA between the parties, or any NDA terminates, this Section 4 shall apply. B. The Confidential KB Content, confidential sections of Public KB Content, and terms of this Agreement are all proprietary and confidential information to Microsoft and may not be disclosed or provided to any third party. You may not use the Confidential KB Content to which you have access for any purpose other than in your relationship with Microsoft. C. You agree to take reasonable steps, at least as protective as those you take to protect your own confidential information, to protect Microsoft’s confidential information from disclosure. If you have problems with finding a reliable essay service that offers assistance not only with creating essays but term and research paper writing as well, I highly recommend you to visit BestWritingService.Com. D. You may only disclose confidential information in accordance with judicial or other governmental order, provided that you give Microsoft reasonable written notice prior to such disclosure and you comply with any applicable protective order or equivalent.

  1. DISCLAIMER OF WARRANTIES. IN NO EVENT WILL MICROSOFT BE RESPONSIBLE FOR UPTIME FAILURES NOR DOES IT MAKE ANY WARRANTY REGARDING THE AVAILABILITY OF ANY PARTICULAR KB CONTENT OR THE RESULTS OBTAINED FROM USE OF KB CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE KB CONTENT PROVIDED PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.
  2. TERMINATION. Either party may terminate this Agreement at any time and for any reason upon thirty (30) days written notice to the other party. This Agreement will terminate immediately if you are in breach of any term or condition of this Agreement or if you cease to be a member of the Influencer community.
  3. INDEPENDENT CONTRACTORS. You and Microsoft are independent contracting parties, and nothing in this Agreement shall be construed as creating an employer-employee relationship, a partnership, a franchise, or a joint venture between the parties. You are not an agent of Microsoft and have no authority to bind Microsoft by your acts or agreements.
  4. PUBLICITY/INFORMATION REQUESTS. You shall not cause or permit to be released any publicity, advertisement, news release, public announcement, or denial or confirmation of the same, in whatever form, regarding any aspect of this Agreement or the relationship between you and Microsoft under this Agreement without Microsoft's prior written approval.
  5. ASSIGNMENT. You may not assign or transfer this Agreement or any rights or obligations hereunder without prior written approval of Microsoft.
  6. GOVERNING LAW; ATTORNEYS' FEES. This Agreement shall be governed by the internal laws of the State of Washington and you consent to jurisdiction and venue in the state and federal courts sitting in King County in the State of Washington. In any suit, arbitration, mediation, or other action to enforce any right or remedy under this Agreement or to interpret any provision of this Agreement, the prevailing party will be entitled to recover its costs, including reasonable attorneys' fees.
  7. MISCELLANEOUS. This Agreement expresses the full, complete and exclusive understanding of the parties with respect to the subject matter hereof and supersedes all prior proposals, representations, agreements and understandings, whether written or oral. This Agreement shall not be modified except by written agreement of both parties dated subsequent to the date of this Agreement. No waiver of any provision of this Agreement shall constitute a waiver or any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. If any provision of this Agreement shall be held by a court of competent jurisdiction to be legal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect.
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