Microsoft Terms of Use

Microsoft · agreement dated February 7, 2022 · Official agreement

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14 of 41 cards in Content & IP Rights

Content & IP Rights · Restriction or exception

Unless otherwise specified, the Services are for personal, non-commercial use only; do not copy or sell what you get

Unless something else is specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from the Services. Other parts of these Terms specify differently for particular material: for example, accredited educational institutions may reproduce Documents for classroom distribution, and downloaded Software is used under its own license agreement.

Supporting quotations

Unless otherwise specified, the Services are for your personal and non-commercial use.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom.
Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement").

Qualifications & exceptions

  • "Unless otherwise specified" means specific provisions or licenses can change this default; the text does not list every place that happens.
  • The restricted acts apply to what is "obtained from the Services".
  • Documents and Software have their own conditions in later sections, which can allow more than this default.

Content & IP Rights · Restriction or exception

Microsoft or its content suppliers own the content in the Services; rights not expressly granted to you are reserved

Microsoft says all content included in or made available through the Services, such as text, graphics, logos, icons, images, sounds, music, digital downloads, data compilation, software and documents, is the exclusive property of Microsoft or its content suppliers. It says this content is protected by trade dress, copyright, trademark, patent and other intellectual property and unfair competition laws in the United States and internationally. Any rights these Terms do not expressly grant to you are reserved and retained by Microsoft or its licensors, suppliers, publishers, rightsholders or other content providers. Separately, a later section says Microsoft does not claim ownership of materials you provide to it or post to the Services.

Supporting quotations

All content included in or made available through the Services, such as text, graphics, logos, icons, images, sounds, music, digital downloads, data compilation, software, and documents is the exclusive property of Microsoft or its content suppliers
All rights not expressly granted to you in this TOU are reserved and retained by Microsoft or its licensors, suppliers, publishers, rightsholders, or other content providers.
Microsoft does not claim ownership of the materials you provide to Microsoft

Qualifications & exceptions

  • The list of content types is introduced by "such as", so it is illustrative.
  • Ownership is stated as belonging to Microsoft "or its content suppliers", so some content may belong to third-party suppliers rather than Microsoft.
  • The reservation covers only rights not expressly granted in these Terms.

Not stated here

  • The text does not say whether material that users post counts as "content ... made available through the Services" for this sentence; the later Materials Provided section says Microsoft does not claim ownership of such Submissions.

Cross-references

Content & IP Rights · Permission or license

Downloaded Software is used under its own license agreement, if any, which you must accept before installing

Software you can download from the Services is described as the copyrighted work of Microsoft and/or its suppliers. Your use of it is governed by the terms of the end user license agreement, if any, that accompanies or is included with it. If a license agreement comes with the software, an end user cannot install the software without first agreeing to that agreement. The Representations and Warranties section adds that Software is warranted, if at all, only according to the terms of that license agreement. Third-party scripts or code linked to or referenced from the website are licensed to you by the third parties that own the code, not by Microsoft.

Supporting quotations

Any software that is made available to download from the Services ("Software") is the copyrighted work of Microsoft and/or its suppliers.
Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement").
An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
Third party scripts or code, linked to or referenced from this website, are licensed to you by the third parties that own such code, not by Microsoft.
Software is warranted, if at all, only according to the terms of the license agreement.

Qualifications & exceptions

  • "If any": the text allows for software that has no accompanying license agreement and does not say what governs it in that case.
  • The install condition applies to Software "accompanied by or includes" a license agreement.
  • Third-party code is licensed by its owner, not by Microsoft.

Not stated here

  • The end user license agreements that accompany particular software are not supplied here, so their terms are unknown.

Content & IP Rights · Restriction or exception

Copying or redistributing Software beyond its license is prohibited; Microsoft warns of civil and criminal penalties

Software is made available for download solely for use by end users according to its license agreement. Microsoft states that any reproduction or redistribution of the Software not in accordance with the license agreement is expressly prohibited by law and may result in severe civil and criminal penalties, and that violators will be prosecuted to the maximum extent possible. It also says that copying or reproducing the software to any other server or location for further reproduction or redistribution is expressly prohibited unless the license agreement accompanying that software expressly permits it.

Supporting quotations

The 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, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible.
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.

Qualifications & exceptions

  • The penalty and prosecution wording is Microsoft's own statement of what may happen; the document does not explain how the law would apply in any particular case.
  • The prohibition on copying to another server or location has one stated exception: reproduction or redistribution that the accompanying license agreement expressly permits.

Not stated here

  • The terms of any particular license agreement are not supplied, so what a given license permits is unknown.

Content & IP Rights · Permission or license

Documents such as white papers may be used if notices are kept, use is non-commercial and nothing is modified

Microsoft grants permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services, provided that (1) the copyright notice and the permission notice appear in all copies; (2) unless the Documents are explicitly covered by another license or agreement, use is for informational and non-commercial or personal purposes only and the Documents are not copied or posted on any network computer or broadcast in any media; and (3) no modifications are made to any Documents. Accredited educational institutions, such as K-12, universities, private and public colleges and state community colleges, may download and reproduce the Documents for distribution in the classroom, while distribution outside the classroom requires express written permission. Microsoft states that use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties, and that violators will be prosecuted to the maximum extent possible.

Supporting quotations

Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted
(1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear
(2) unless explicitly covered by another license or agreement, use of such Documents from the Services 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
(3) no modifications of any Documents are made
Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom.
Distribution outside the classroom requires express written permission.
Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Qualifications & exceptions

  • The three conditions are joined together, so the permission depends on all three being met.
  • Condition (2)'s non-commercial and no-posting limits do not apply to Documents explicitly covered by another license or agreement.
  • The classroom reproduction right is stated for accredited educational institutions; distribution outside the classroom needs express written permission.

Not stated here

  • The text refers to "the below copyright notice", but no copyright notice appears in the supplied text, so its wording is unknown.
  • "Documents" is described with examples ("such as"), and the text does not list every kind of document covered.

Cross-references

Content & IP Rights · Restriction or exception

Microsoft website design, layout, logos, graphics, sounds and images may not be copied without express permission

The permission to use Documents does not include the design or layout of the Microsoft.com website or any other site Microsoft owns, operates, licenses or controls. Microsoft says elements of its websites 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 any Microsoft website may be copied or retransmitted unless Microsoft expressly permits it.

Supporting quotations

Documents specified above do not include the design or layout of the Microsoft.com website or any other Microsoft owned, operated, licensed or controlled site.
Elements of Microsoft websites 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 any Microsoft website may be copied or retransmitted unless expressly permitted by Microsoft.

Qualifications & exceptions

  • The only stated exception for logos, graphics, sounds and images is express permission from Microsoft.

Content & IP Rights · Restriction or exception

On Communication Services you may not upload or use infringing material, or strip copyright management information

When using the Communication Services you agree not to upload or make available files that contain images, photographs, software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights or have received all necessary consent. You also agree not to use any material or information, including images or photographs, made available through the Services in a way that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party; not to download a file posted by another user that you know, or reasonably should know, cannot be legally reproduced, displayed, performed and/or distributed in that manner; and not to falsify or delete 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 in an uploaded file.

Supporting quotations

Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Download any file posted by another user of a Communication Service 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.

Qualifications & exceptions

  • Uploading protected material is allowed if you own or control the rights or have all necessary consent.
  • The download ban applies to files you know, or reasonably should know, cannot be legally used in that manner.
  • The infringement ban is worded as covering material "made available through the Services", not only Communication Services.

Content & IP Rights · Restriction or exception

Materials in Communication Services may carry posted usage limits that you must follow if you download them

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

Supporting quotations

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

Qualifications & exceptions

  • The duty applies if you download the materials.

Not stated here

  • The posted limitations are not set out in this document.

Content & IP Rights · Permission or license

Microsoft does not claim ownership of your Submissions but you give it and its affiliates a license to use them

Microsoft says it does not claim ownership of the materials you provide to Microsoft (including feedback and suggestions) or post, upload, input or submit to any Services for review by the general public or by the members of any public or private community, each called a "Submission". However, by posting, uploading, inputting, providing or submitting ("Posting") a Submission you grant Microsoft, its affiliated companies and necessary sublicensees permission to use it in connection with the operation of their Internet businesses, including all Microsoft Services. That includes, without limitation, license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with it; and to sublicense those rights to any supplier of the Services.

Supporting quotations

Microsoft does not claim ownership of the materials you provide to Microsoft (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Microsoft, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Microsoft Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.

Qualifications & exceptions

  • The list of license rights is introduced by "including, without limitation", so it is not complete.
  • The permission is for use "in connection with the operation of their Internet businesses (including, without limitation, all Microsoft Services)".
  • It covers Microsoft's affiliated companies and necessary sublicensees as well as Microsoft.

Not stated here

  • The definition of Submission joins materials you provide to Microsoft with materials posted for review by the public or a community; the text does not say whether that last phrase limits both kinds.
  • Apart from Images, the text does not say how long this license lasts or whether it ends if you remove a Submission.

Content & IP Rights · Company practice

Microsoft pays nothing for use of your Submission, need not post or use it, and may remove it at any time

Microsoft says no compensation will be paid for the use of your Submission as described in these Terms. It is under no obligation to post or use any Submission you provide, and it may remove any Submission at any time in its sole discretion.

Supporting quotations

No compensation will be paid with respect to the use of your Submission, as provided herein.
Microsoft is under no obligation to post or use any Submission you may provide and Microsoft may remove any Submission at any time in its sole discretion.

Qualifications & exceptions

  • Removal is "at any time" and "in its sole discretion".

Content & IP Rights · Restriction or exception

By Posting a Submission you warrant that you own or control all the rights needed to provide it

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms, including all the rights necessary for you to provide, post, upload, input or submit it.

Supporting quotations

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Qualifications & exceptions

  • The warranty is made by the act of Posting.

Content & IP Rights · Restriction or exception

If you Post Images you also warrant you have permission, hold the needed rights, and that anyone depicted has consented

Posting a Submission that contains images, photographs, pictures or other graphics ("Images") adds further warranties from you. (a) You are the copyright owner of the Images, or the owner has given you permission to use them consistent with the manner and purpose of your use and as these Terms and the Services allow. (b) You have the rights necessary to grant the licenses and sublicenses described in these Terms. (c) Each person depicted, if any, has consented to the use of the Images as set out in the Terms, including, as examples, distribution, public display and reproduction.

Supporting quotations

In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images.

Qualifications & exceptions

  • Consent is required from each person depicted, "if any" are depicted.
  • The distribution, public display and reproduction uses are given as examples, not a limit.

Content & IP Rights · Permission or license

Posted Images carry a license for your community or the public; it ends when you completely remove them, with limits

By Posting Images you grant permission to use them in connection with use, as these Terms permit, of any of the Services: (a) to all members of your private community, for Images available to that private community, and/or (b) to the general public, for Images available anywhere on the Services other than a private community. The text says this includes, as examples, making prints and gift items that include the Images, and a non-exclusive, world-wide, royalty-free license to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat the Images without your name attached, with the right to sublicense those rights to any supplier of the Services. The licenses for an Image terminate when you completely remove it from the Services, but that termination does not affect licenses granted in connection with the Image before then. No compensation is paid for the use of your Images.

Supporting quotations

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

Qualifications & exceptions

  • Who receives the permission depends on where the Image is available: members of your private community and/or the general public.
  • Ending the license requires you to "completely remove" the Images from the Services, and it does not undo licenses granted before removal.
  • Your name need not be attached to the Images when they are used.

Not stated here

  • The sentence names community members and the general public as recipients of the permission and does not name Microsoft; the text does not say how this license relates to the license in favor of Microsoft in the Submissions paragraph.
  • The text does not say what counts as completely removing Images, for example copies already shared or sublicensed.

Content & IP Rights · Company practice

Microsoft does not accept unsolicited ideas and gives no assurance of confidentiality if you send them anyway

Microsoft says that it and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, promotions, products or technologies, processes, materials, marketing plans or product names, and asks you not to send original creative artwork, samples, demos or other works. It says the sole purpose of the policy is to avoid misunderstandings or disputes where its products or marketing strategies might seem similar to ideas submitted. If you send ideas and materials anyway, Microsoft makes no assurances that they will be treated as confidential or proprietary. Separately, the Materials Provided section covers feedback and suggestions you provide to Microsoft as Submissions, for which you grant a license and for which no compensation is paid.

Supporting quotations

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.
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.
Microsoft does not claim ownership of the materials you provide to Microsoft (including feedback and suggestions)
No compensation will be paid with respect to the use of your Submission, as provided herein.

Qualifications & exceptions

  • The no-confidentiality statement applies to ideas and materials sent despite the request not to.
  • The list of idea types is introduced by "including", so it is not a complete list.

Not stated here

  • The text does not say whether an unsolicited idea sent anyway counts as a Submission under the Materials Provided section, so whether the license and no-compensation terms there apply is not stated.