Updated: March 2007

1. Acceptance of Terms.

The Services that Microsoft provides to you are subject to the following Terms of Use ("TOU"). Microsoft reserves the right to update the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages. By accessing or using the PhizzPop web site in any way, including using any Services, downloading materials or content, contributing materials or Content, or merely browsing the PhizzPop web site, you agree to and are bound by the terms of this TOU. If you do not agree to all of the terms and conditions contained in the TOU, do not access or use the PhizzPop web site.

2. Description of Services.

Throughout this web site, Microsoft provides you with access to a variety of resources, including download areas, links to information, Software, and communication forums (collectively "Service” or “Services"). The Services, including any updates, enhancements, and/or new features, are subject to the TOU.

3. How You May Use the Service.

In using the service, you will:

• obey the law;
• obey any Code of Conduct or other notices provided;
• obey the Microsoft Anti-spam Policy, which is available at http://privacy.msn.com/anti-spam
• keep your service account password secret; and
• promptly notify Microsoft if you learn of a security breach related to the service.

4. How You May Not Use the Service.

In using the service, you may not:

• use the service in a way that harms Microsoft or our affiliates, resellers, distributors, and/or vendors (collectively, the “Microsoft parties”), or any customer of a Microsoft party;
• use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages (“spam”);
• use any automated process or service to access and/or use the service (such as a BOT, a spider, periodic caching of information stored by Microsoft, or “meta-searching”);
• 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.
• upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another,
• download any file posted by another user that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
• falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of Software or other material contained in a file that is uploaded; or
• Violate any code of conduct or other guidelines which may be applicable for any particular Service.

Materials uploaded to the Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download such materials.

Microsoft has no obligation to monitor the Services. However, Microsoft reserves the right to review materials posted to the Services and to remove any materials in its sole discretion. Microsoft reserves the right to terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever.

5. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE.

Any software that is made available to download from the Services ("Software") is the copyrighted work of the registered users of the Services posting the Software, or their suppliers. Use of the Software must governed by the terms of the Microsoft Permissive License ("License Agreement" ), the terms of which are available down below. End user will be unable to download any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.

Software is authorized to be licensed only under the Microsoft Permissive License. No other license is allowed. If Software contains license terms other than the Microsoft Permission License terms, Microsoft reserves the right to immediately, and without notice, remove that Software and terminate the registered users account.

Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED DIRECTLY BY MICROSOFT IN THE LICENSE AGREEMENT, MICROSOFT CORPORATION 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 AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND 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 AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN MICROSOFT SOFTWARE PRODUCTS.

YOU ACKNOWLEDGE AND AGREE THAT: (i) MICROSOFT DOES NOT CONTROL, REVIEW, REVISE, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS, PROJECTS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES; (ii) MICROSOFT MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) MICROSOFT SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES/

6. NOTICE REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE.

IN NO EVENT SHALL 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 OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.

7. You Are Responsible For Your Account.

If any of the Services requires you to open an account, you must complete the registration process by providing Microsoft 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.

8. Your Materials.

You may be able to submit materials for use in connection with the Service. Except for material that Microsoft licenses to you, Microsoft does not claim ownership of the materials you post, upload, input, submit or otherwise provide to Microsoft related to the Service (called a “submission”). However, by posting or otherwise providing your submission, you understand and agree that you are giving a license under your intellectual property rights to all authorized users, unless the License Agreement specifies otherwise. In addition, you’re giving Microsoft all the necessary rights to make your submission(s) available on this site. Microsoft does not control, review, revise, endorse or distribute third-party submissions. Microsoft is hosting the PhizzPop site solely as a web storage site as a Service to the developer community.

You grant to the public free permission to:

• use, copy, distribute, display, publish and modify your submission, each in connection with the service;
• publish your name in connection with your submission; and
• grant these permissions to other persons.

This section only applies to legally permissible content and only to the extent that use and publishing of the legally permissible content does not breach the law.

Microsoft will not pay you for your submission. Microsoft may refuse to publish, and may remove your submission from the Service at any time and without notice, at Microsoft’s sole discretion.

For every submission you make, you must have all rights necessary for you to grant the permissions in this section. By posting a submission (“Content"), you warrant and represent that:

• you are the copyright owner of such Content, or that the copyright owner of such Content has granted you permission to use such Content consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the services;
• you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use; and
• each person depicted in such Content, if any, has provided consent to the use of the Content as set forth in these Terms of Use.

By posting Content you are granting (a) to all members of your private community, and/or (b) to the general public, permission to use your Content in connection with the use, as permitted by these Terms of Use, of any of the Services, and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Content without having your name attached to such Content, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for Content will terminate at the time you completely remove such Content from the Services, provided that, such termination shall not affect any licenses granted in connection with such Content prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Content.

9. Privacy.

See the Privacy (disclosures) relating to the collection and use of your information.

10. Requirements For Placing Advertisements.

You may be able to place advertisements through the service. Microsoft has no obligation to display any part of the advertising content. With respect to any advertising content you provide, you promise that:

• all advertising content is accurate, complete and current;
• you have all necessary rights, power and authority to publish the advertising content;
• the advertising content, and any web site listed or linked to from the advertising content:
• complies with all applicable laws and regulations;
• does not infringe, misappropriate or otherwise violate any copyright, patent, trademark, service mark, trade secret or other intellectual property right of any third party;
• does not breach the rights of any person or entity, including rights of publicity or privacy, and is not defamatory; and
• does not result in consumer fraud (including being false or misleading), product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity.
• you possess documents substantiating all claims, express and implied, contained within the advertising content.

11. Links To Third Party Sites

The links in this service may let you leave Microsoft's site. Such linked sites are not under the control of Microsoft and Microsoft is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Microsoft is not responsible for webcasting or any other form of transmission received from any linked site. Microsoft is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement by Microsoft of the site.

12. Unsolicited Idea Submission Policy.

MICROSOFT OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN MICROSOFT'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO MICROSOFT. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO MICROSOFT OR ANYONE AT MICROSOFT. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT MICROSOFT MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.

13. Software.

If you receive software from Microsoft as part of the service, your use of that software is under the terms of the license that is presented to you for acceptance for that software. If there is no license presented to you, then Microsoft grant you the right to use the software only for the authorized use of the service on that number of computers stated in your service offer. Microsoft reserves all other rights to the software. Microsoft may automatically check your version of the software. Microsoft may automatically download upgrades to the software to your computer to update, enhance and further develop the service. Unless Microsoft notifies you otherwise, your license to use the software will end on the date your service ends, and you must promptly uninstall the software. Microsoft may disable the software after the date the service ends. 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.

Content submitted to this service, which is subject, either wholly or in part, to a non-proprietary software license cannot be used in such a manner as to require Microsoft to reveal its proprietary source code.

14. MICROSOFT MAKE NO WARRANTY.

Microsoft provide the service “as-is,” “with all faults” and “as available.” Microsoft does 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. Microsoft excludes any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.

15. LIABILITY LIMITATION.

In no event shall 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 or performance of software, documents, provision of or failure to provide services, or information available from the services.

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.

16. Changes to the Service; Cancellation.

Microsoft may change the service or delete features at any time and for any reason. Microsoft 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.

17. Claim Must Be Filed Within One Year.

Any claim related to this 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, then that claim is permanently barred. This applies to you and your successors. It also applies to Microsoft and its successors and assigns.

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 © 2006 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. Microsoft or our suppliers own the title, copyright, and other intellectual property rights in the software or content. Microsoft, Phizzpop, 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. Any rights not expressly granted herein are 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.

© 2007 Microsoft Corporation.
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Microsoft Permissive License(Ms-PL)

This license governs use any user Software made available for download from the PhizzPop web site. If you use the Software, you accept this license. If you do not accept the license, do not use the Software.

1. Definitions.

• The terms "reproduce," "reproduction," "derivative works," and "distribution" have the same meaning here as under U.S. copyright law.
• A "contribution" is the original software, or any additions or changes to the software.
• A "contributor" is any person that distributes its contribution under this license.
• "Licensed patents" are a contributor’s patent claims that read directly on its contribution.

2. Grant of Rights.

• Copyright Grant- Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royalty-free copyright license to reproduce its contribution, prepare derivative works of its contribution, and distribute its contribution or any derivative works that you create.
• Patent Grant- Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royalty-free license under its licensed patents to make, have made, use, sell, offer for sale, import, and/or otherwise dispose of its contribution in the software or derivative works of the contribution in the software.

3. Conditions and Limitations.

• No Trademark License- This license does not grant you rights to use any contributors' name, logo, or trademarks.
• If you bring a patent claim against any contributor over patents that you claim are infringed by the software, your patent license from such contributor to the software ends automatically.
• If you distribute any portion of the software, you must retain all copyright, patent, trademark, and attribution notices that are present in the software.
• If you distribute any portion of the software in source code form, you may do so only under this license by including a complete copy of this license with your distribution. If you distribute any portion of the software in compiled or object code form, you may only do so under a license that complies with this license.
• The software is licensed "as-is." You bear the risk of using it. The contributors give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this license cannot change. To the extent permitted under your local laws, the contributors exclude the implied warranties of merchantability, fitness for a particular purpose and non-infringement.