Microsoft may change these Terms without notice, and using the website after a change means you accept it
Microsoft says the services it provides to you are subject to these Terms of Use ("TOU"). It reserves the right to update and modify the TOU at any time without notice to you. The current version is the one reached through the "Terms of Use" link at the bottom of its web pages, and Microsoft says it will update the date at the top of the page when it makes changes. If you use the website after a new version has been posted, you agree to the terms of that new version. This copy shows a last-updated date of February 7, 2022.
Supporting quotations
Last Updated: February 7, 2022
The services that Microsoft provides to you are subject to the following Terms of Use ("TOU").
Microsoft reserves the right to update and modify the TOU at any time without notice to you.
When we make updates to the TOU, Microsoft will update the date at the top of this page.
By using the website after a new version of the TOU has been posted, you agree to the terms of such new version.
Qualifications & exceptions
The right to change is stated as "at any time without notice to you"; the only signal described is the updated date on the page itself.
Agreement to a new version is tied to using "the website" after the new version has been posted.
Not stated here
The text does not say how long after posting a change takes effect, or give any other way users would be told of a change.
It does not say whether "the website" here covers every service described in the Description of Services or only the pages that carry this notice.
Legal Rights & Agreement Rules · Context
The Services are Microsoft web properties offering developer tools, downloads, forums and product information
Microsoft describes the "Services" these Terms cover as access, through its network of web properties, to a variety of resources, including developer tools, download areas, communication forums and product information. The Services include any updates, enhancements and new features, and any new web properties added later, and all of them are subject to these Terms.
Supporting quotations
Through its network of Web properties, Microsoft provides you with access to a variety of resources, including developer tools, download areas, communication forums and product information (collectively "Services").
The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to these TOU.
Qualifications & exceptions
The resources are introduced with "including", so the named items are examples rather than a complete list.
Updates, new features and newly added web properties are covered automatically.
Not stated here
The text names no specific products or apps and does not say how these Terms relate to other Microsoft terms that may apply to particular products or paid services; no other agreements are supplied with this document.
Legal Rights & Agreement Rules · Restriction or exception
Software downloaded for the U.S. Government is provided with Restricted Rights
Any Software downloaded from the Services for or on behalf of the United States of America, its agencies or instrumentalities (the "U.S. Government") is provided with Restricted Rights. Use, duplication or disclosure by the U.S. Government is subject to restrictions set out in the federal acquisition provisions the text cites, DFARS 252.227-7013 subparagraph (c)(1)(ii) or 48 CFR 52.227-19 subparagraphs (c)(1) and (2), as applicable. The text names Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399 as the manufacturer.
Supporting quotations
Any Software which is downloaded from the Services for or on behalf of the United States of America, its agencies and/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.
Qualifications & exceptions
This applies to Software downloaded for or on behalf of the U.S. Government, not to other users.
Not stated here
The cited regulations are not supplied here, so their detailed restrictions are not explained.
Legal Rights & Agreement Rules · Restriction or exception
Software is warranted, if at all, only under its license agreement; Microsoft disclaims all other warranties on software
Software is warranted, if at all, only according to the terms of the license agreement. Except as warranted in that license agreement, Microsoft Corporation 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. The license agreement that governs downloaded Software is the one that accompanies or is included with it, if any.
Supporting quotations
Software is warranted, if at all, only according to the terms of the license agreement.
Except as warranted 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.
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
"If at all" and "Except as warranted in the license agreement": any software warranty comes only from the license agreement.
The disclaimer covers express, implied and statutory warranties and conditions.
Not stated here
The warranties in any particular license agreement are not supplied here.
This sentence says "the software" in lowercase rather than the defined term "Software"; the text does not say whether it reaches beyond Software downloaded from the Services.
Legal Rights & Agreement Rules · Restriction or exception
Microsoft gives no assurance its tools and utilities give accurate results, and asks you to respect others' IP rights
Microsoft says that, for your convenience, it may make tools and utilities available as part of the services or in its software products for use and/or download. It does not make any assurances about the accuracy of the results or output that comes from using those tools and utilities. It asks you to respect the intellectual property rights of others when using them.
Supporting quotations
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.
Qualifications & exceptions
Making tools and utilities available is something Microsoft "may" do, as a convenience, not a commitment.
The disclaimer is about the accuracy of the results or output from using the tools and utilities.
Not stated here
The text does not name which tools and utilities are meant.
Legal Rights & Agreement Rules · Restriction or exception
Documents and graphics are provided "as is"; warranties are disclaimed and liability for the information is limited
Microsoft and/or its suppliers make no representations about the suitability, for any purpose, of the information in the documents and related graphics published as part of the services. Those documents and graphics are provided "as is" without warranty of any kind, and Microsoft and/or its suppliers disclaim all warranties and conditions about this information, including merchantability, fitness for a particular purpose, title and non-infringement, whether express, implied or statutory. In no event will Microsoft and/or its suppliers be liable for any special, indirect or consequential damages, or any damages whatsoever resulting from loss of use, data or profits, whether in contract, negligence or other tort, arising out of or in connection with the use or performance of information available from the services.
Supporting quotations
Microsoft and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published as part of the services for any purpose.
All such documents and related graphics are provided "as is" without warranty of any kind.
Microsoft and/or its respective 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.
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 information available from the services.
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted
Qualifications & exceptions
The disclaimers and the liability limit cover both Microsoft and its suppliers.
The damages limit covers special, indirect or consequential damages and any damages resulting from loss of use, data or profits, in contract, negligence or other tort.
Not stated here
This paragraph says "documents and related graphics" in lowercase; the Documents permission defines Documents by examples, and the text does not say whether the two are exactly the same set.
Legal Rights & Agreement Rules · Company practice
Published documents may contain errors, and Microsoft may change the information or described products at any time
Microsoft says the documents and related graphics published on the services could include technical inaccuracies or typographical errors. It says changes are periodically added to the information, and that Microsoft and/or its suppliers may make improvements or changes to the products or programs described at any time.
Supporting quotations
The documents and related graphics published on the services could include technical inaccuracies or typographical errors.
Changes are periodically added to the information herein.
Microsoft and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.
Qualifications & exceptions
The text says documents "could" contain errors; it does not say they do.
Changes to the described products or programs may be made "at any time".
Legal Rights & Agreement Rules · Restriction or exception
Microsoft and its suppliers are not liable for special, indirect or consequential damages or lost use, data or profits
Microsoft says that in no event will it and/or its suppliers be liable for any special, indirect or consequential damages, or any damages whatsoever resulting from loss of use, data or profits. This applies whether the claim is in contract, negligence or other tort, and to damages 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.
Supporting quotations
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.
Qualifications & exceptions
The limit protects Microsoft "and/or its respective suppliers".
It applies to claims in contract, negligence or other tort.
It covers use or performance of software, documents, the provision of or failure to provide services, and information available from the services.
Not stated here
This section lists no exceptions and no cap on other kinds of damages; whether other terms or laws change the limit is not stated in this text.
Legal Rights & Agreement Rules · Restriction or exception
You may not attempt to copy, change or otherwise modify the Services or these Terms
You may not attempt to copy or change, alter or otherwise attempt to modify the Services or these Terms of Use.
Supporting quotations
You may not attempt to copy or change, alter or otherwise attempt to modify the Services or these TOU.
Qualifications & exceptions
The restriction is on attempts, as well as on completed changes.
Legal Rights & Agreement Rules · Restriction or exception
Communication Services such as email, forums and chat may be used only for proper, relevant messages and material
Microsoft says the Services may include e-mail, bulletin boards, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and other communication facilities designed to let you communicate with others, which the text calls "Communication Services". You agree to use them only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. A list of things you agree not to do follows, introduced as examples and not as a limit.
Supporting quotations
The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services").
You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
Qualifications & exceptions
The list of prohibited acts that follows is introduced "by way of example, and not as a limitation", so other conduct can also be improper.
Material must be "related to the particular Communication Service" only "when applicable".
Not stated here
"Proper" is not defined in the text.
Legal Rights & Agreement Rules · Restriction or exception
On Communication Services you may not send spam or unsolicited messages, or advertise for business unless allowed
When using the Communication Services you agree not to use them in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages, whether commercial or otherwise. You also agree not to advertise or offer to sell or buy any goods or services for any business purpose, unless the particular Communication Service specifically allows such messages. This fits the general rule that, unless otherwise specified, the Services are for personal and non-commercial use.
Supporting quotations
Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
Unless otherwise specified, the Services are for your personal and non-commercial use.
Qualifications & exceptions
The ban on advertising or offering to buy or sell for a business purpose has one stated exception: where the Communication Service specifically allows such messages.
The ban on duplicative or unsolicited messages applies whether they are commercial or not.
Legal Rights & Agreement Rules · Restriction or exception
On Communication Services you may not harass, defame, post obscene or unlawful material, spread malware or break the law
When using the Communication Services you agree not to: defame, abuse, harass, stalk, threaten or otherwise violate others' legal rights, such as rights of privacy and publicity; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information; upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or any similar software or programs that may damage the operation of another's computer or property; restrict or inhibit any other user from using and enjoying the Communication Services; or violate any applicable laws or regulations.
Supporting quotations
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
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.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any applicable laws or regulations.
Qualifications & exceptions
The malware ban covers software or programs "that may damage the operation of another's computer or property of another".
The legal-rights ban gives privacy and publicity rights only as examples ("such as").
Not stated here
"Inappropriate" and "profane" are not defined in the text.
Legal Rights & Agreement Rules · Restriction or exception
Be careful sharing personal information in Communication Services; Microsoft disclaims liability for them
Microsoft tells you to always use caution when giving out personally identifiable information about yourself or your children in any Communication Services. It says it does not control or endorse the content, messages or information in Communication Services and therefore specifically disclaims any liability with regard to them and any actions resulting from your participation. It also says managers and hosts are not authorized Microsoft spokespersons and their views do not necessarily reflect Microsoft's.
Supporting quotations
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services.
Microsoft does not control or endorse the content, messages or information found in any Communication Services and, therefore, Microsoft specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services.
Managers and hosts are not authorized Microsoft spokespersons, and their views do not necessarily reflect those of Microsoft.
Qualifications & exceptions
The disclaimer covers the Communication Services and actions resulting from your participation in them.
Legal Rights & Agreement Rules · Context
AI services are services Microsoft labels or describes as including, using, powered by or being an AI system
Under the AI Services label, Microsoft defines "AI services" as services that are labeled or described by Microsoft as including, using, powered by, or being an Artificial Intelligence ("AI") system. The list items that follow under the AI Services label address these services.
Supporting quotations
are services that are labeled or described by Microsoft as including, using, powered by, or being an Artificial Intelligence
Qualifications & exceptions
Whether a service counts as an AI service depends on how Microsoft labels or describes it.
Not stated here
The text does not list which services are labeled or described as AI services.
Legal Rights & Agreement Rules · Restriction or exception
You may not use the AI services to reverse engineer the underlying models or to scrape or extract data from them
You may not use the AI services to discover any underlying components of the models, algorithms and systems; the text's example is that you may not try to determine and remove the weights of models. You also may not use web scraping, web harvesting or web data extraction methods to extract data from the AI services.
Supporting quotations
You may not use the AI services to discover any underlying components of the models, algorithms, and systems.
For example, you may not try to determine and remove the weights of models.
You may not use web scraping, web harvesting, or web data extraction methods to extract data from the AI services.
Qualifications & exceptions
The weights example is introduced with "For example", so the ban on discovering underlying components is wider than that example.
Legal Rights & Agreement Rules · Restriction or exception
You alone must respond to third-party claims about your use of the AI services, such as copyright claims
The AI services section says you are solely responsible for responding to any third-party claims regarding your use of the AI services in compliance with applicable laws, including, but not limited to, copyright infringement or other claims relating to content output during your use of the AI services.
Supporting quotations
Third party claims. You are solely responsible for responding to any third-party claims regarding your use of the AI services in compliance with applicable laws (including, but not limited to, copyright infringement or other claims relating to content output during your use of the AI services).
Qualifications & exceptions
Copyright infringement and claims about content output are named as examples ("including, but not limited to").
The responsibility is stated as "solely" yours.
Not stated here
The phrase "in compliance with applicable laws" could describe your use or how you respond; the text does not settle which.
This text mentions no help or defense from Microsoft for such claims.
Legal Rights & Agreement Rules · Procedure
Copyright infringement notices go to the Service Provider's Designated Agent; a linked page gives the procedure
The text says that, pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider's Designated Agent, and that inquiries not relevant to the procedure will not receive a response. It points to a linked page, "Notice and Procedure for Making Claims of Copyright Infringement", for the procedure.
Supporting quotations
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](http://www.microsoft.com/info/cpyrtinfrg.aspx).
Qualifications & exceptions
Only inquiries relevant to the procedure will receive a response.
Not stated here
The Designated Agent's name and contact details do not appear in the supplied text, and the linked procedure page is not supplied.
The text refers to "Service Provider" without naming the entity in this paragraph.
Legal Rights & Agreement Rules · Restriction or exception
Microsoft is not responsible for linked third-party sites or transmissions from them; a link is not an endorsement
The text says links in the relevant area let you leave Microsoft's site. Linked sites are not under Microsoft's control, and Microsoft says it is not responsible for the contents of any linked site, for any link contained in a linked site, or for any changes or updates to such sites. It is also not responsible for webcasting or any other transmission received from a linked site. It provides the links only as a convenience, and including a link does not imply endorsement of the site.
Supporting quotations
The 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.
The links in this area will let you leave Microsoft's site.
Qualifications & exceptions
The links are described as provided "only as a convenience".
Responsibility is disclaimed for content, links within linked sites, changes to those sites, and webcasts or other transmissions from them.