Microsoft - Information on Terms of Use

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.

DESCRIPTION OF SERVICES.

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 the TOU.

PERSONAL AND NON-COMMERCIAL USE LIMITATION.

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.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION.

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

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 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.

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.

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 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.

RESTRICTED RIGHTS LEGEND. 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.

NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE.

Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) 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, and (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.

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

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.

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.

NOTICES 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.

MEMBER ACCOUNT, PASSWORD, AND SECURITY.

If any of the Services 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.

NO UNLAWFUL OR PROHIBITED USE.

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Microsoft server, or the network(s) connected to any Microsoft server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Microsoft server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

USE OF SERVICES

• 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:
• 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).
• 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, 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 imitation, 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.
• 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.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
• 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.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading others.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
• Microsoft has no obligation to monitor the Communication Services. However, Microsoft reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Microsoft reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
• Microsoft reserves the right at all times to disclose any information as Microsoft deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Microsoft's sole discretion.
• 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.
• 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.

MATERIALS PROVIDED TO MICROSOFT OR POSTED AT ANY MICROSOFT WEB SITE.

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.

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.

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.

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. 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), 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 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.

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.

LINKS TO THIRD PARTY SITES.

THE LINKS IN THIS AREA WILL LET YOU LEAVE MICROSOFT'S SITE. 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.

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.

COPYRIGHT NOTICE.

© 2006 Microsoft Corporation

TRADEMARKS.

Trademark information is available at http://www.microsoft.com/library/toolbar/3.0/trademark/en-us.mspx.

Any rights not expressly granted herein are reserved.

Send your questions to the appropriate contact as listed below:

Microsoft Web properties, contact homepage@microsoft.com

MSN Web properties, contact webmaster@msn.com

Hotmail, contact support@hotmail.com; for spam/privacy issues, contact abuse@hotmail.comor hotmailprivacy@hotmail.com

Piracy questions can be routed to piracy@microsoft.com or by calling 1-800-R-U-LEGIT.

The Microsoft Windows Vista Partner Odyssey Program Official Rules

PLEASE NOTE: It is your sole responsibility to review and understand your employer’s policies regarding your eligibility to participate in trade promotions. If you are participating in violation of your employer’s policies, you may be disqualified from entering or receiving prizes. Microsoft disclaims any and all liability or responsibility for disputes arising between an employee and their employer related to this matter and prizes will only be awarded in compliance with the employer’s policies.

1. Contest Overview:

   The Microsoft Windows Vista Partner Odyssey Program (“Contest”) is a skill-based Contest. The object of this Contest is to identify and reward Windows Vista Partner organizations that are driving solutions, deployment and innovation around the Windows Vista operating system. All eligible entries received will be judged using the criteria in Section 4 below.

2. Eligibility/Contest Period:

   Open to those partner organizations (“Entrants”) engaged in the field of technology development and deployment that create technology solutions for the Microsoft Windows Vista operating system. This is a trade promotion and is not open to the general public or individual persons. Residents of the following countries/regions are ineligible to participate due to US or country specific laws: Cuba; Iran; Iraq; North Korea; Sudan; Syria; the province of Quebec in Canada. Also, Entrants residing in The Netherlands may win a monthly backpack prize, but cannot qualify for any travel prize, due to country specific laws. The Contest is void in these countries/regions and where prohibited by law.

   Employees of Microsoft, their affiliates, subsidiaries, and anyone working on this product, project, or promotion, and the advertising and promotional agencies and the immediate family members of each are not eligible. This Contest opens at 12:01 a.m. (ET) on February 16, 2007, and ends at 11:59 p.m. (ET) on September 30, 2007 (“Contest Period”). Void elsewhere and where prohibited by law.

3. How to Enter:

   To enter, complete the nomination form on www.windowsvistaodyssey.com. Entrants may nominate their Partner organization, or they may be nominated by their designated Microsoft Partner Account Manager, if applicable. Then nomination form will require the following information: a description of Entrant’s Windows Vista-based solution or program (how it works, improved customers business, any related data to support) how long they’ve worked with the OS, past experience with Windows Vista, evangelism of Windows Vista. Microsoft retains the right to audit entries to confirm the information contained is accurate and representative. An eligible nomination form will be considered an “entry.”

   Limit one unique nomination form per Entrant per month. Non-winning entries will automatically be considered for the following months contest. Limit one of each prize type per person.

   No responsibility is assumed by Microsoft for lost, late, incomplete, inaccurate, stolen, fraudulent, misdirected, undelivered, interrupted, damaged, or delayed entries. By entering this Contest, entrant agrees that it will not include with its entry(ies) any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, pornographic, offensive, indecent, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or that includes, without limitation, any of the follow:

   • Confidential information of any kind
   • Content owned by a third party without their consent

   Microsoft reserves the right to edit any entry for content and to disqualify any entry based on inappropriate content or failure to meet any of the criteria set forth in these Official Rules.

4. Winner Selection and Notification / Judging Criteria:

   On or around the end of each month during the Entry Period, a panel of judges consisting of business decision makers in the Windows Business Group will review all eligible entries received based on the criteria specified below and select up to 100 Entrants to receive an adventure backpack, and select 1 Entrant to win an “adventure trip.”

   Judging Criteria:

   • Description of Solution or Program on Windows Vista (40%)
     • Did entry include a clear explanation and overview of services/solutions provided based on Windows Vista
     • Was the description well written and clear?
     • What was the result of the project?
     • What was the benefit to the customer?
     • How was the implementation experience different with Windows Vista?
   • Entry was supported by data (40%)
     • Did the entry include references?
     • Did the entry include examples of cost savings to customer and their own business
   • Point score based on answers to multiple choice (20%)

   The decisions of the Judging Panel are final and binding. All winners will be notified with instructions to claim their prize via email within (7) days after winner selection.

5. Prizes:

   Monthly:

   (500 – up to 100 awarded each month) A Windows Vista Adventure Pack containing: An Oakley Fifty back Pack, a Polycarbonate Water Bottle, a wind-up flashlight, survival tools, mini sun kit, and other miscellaneous outdoor equipment items. (Approximate Retail Value, ARV, US $115)

   Overall:

   (5 – one awarded each month) an $10,000 travel allowance to be spent by the winning company on a “team building” event for the individuals contributing to the winning entry. The travel allowance will be awarded in the form of a credit with Morris Murdock and may be used at the discretion of the winning company.

   No substitution, transfer, or assignment of prizes permitted. If a winner cannot or will not accept a prize, then the prize will be forfeited and may be awarded to an alternate winner. Microsoft reserves the right to substitute a prize of equal or greater value if a prize is unavailable for any reason. Any applicable taxes on the prizes, or any expenses not listed herein are the sole responsibility of the winner. Prizes will be awarded given a qualified number of entries are received.

   All prizes will be awarded to the Partner Company, which is solely responsible for any prize distribution to their individual employees. Microsoft disclaims any liability or responsibility for distribution of prizes.

   Travel prize conditions: It is the winning company’s sole responsibility to determine the attendance / destination of the event, and Microsoft disclaims any responsibility for these decisions. Any expenses incurred above the $10,000 travel allowance are the sole responsibility of the winner(s). Any unused portion of the $10,000 travel allowance will be forfeited and will not be refunded to winner(s).

   No cancellation of reservation or transfer of reservation to another date after reservation has been made. Travel allowance may only be used for transportation, accommodations, organized excursions and meals. Gratuities, and all other expenses not specified herein as being awarded are guests responsibility. Travel must be taken within 1 year from date of notification or prize may be forfeited in its entirety. Trip and travel insurance is not included. Blackout dates and other travel restrictions may apply. Guests must possess all applicable travel documents prior to departure date, and must travel together on the same itinerary. If a winner cannot or will not accept a prize, then prize will be forfeited and awarded to an alternate winner. Specifics of prize package are subject to availability and sponsor's sole discretion. Guests must sign & return a release of liability, and where legal, a publicity release before any travel prize is delivered to winner.

6. General Conditions:

   By participating in this Contest, the individual certifies that its entry(ies) will accurately depict their own work, that the individual owns its entry(ies) or has sufficient rights necessary to enter and display its entry(ies), and that its entry(ies) does not infringe any third party rights and is suitable for publication. Further, by participating in this Contest, Entrant grants Microsoft, a royalty-free, non-exclusive, perpetual, worldwide, transferable, sublicenseable license to copy, modify and otherwise use and distribute Entrant’s entry(ies), or any element thereof, in any and all media solely for the purpose of promoting this Contest, Microsoft web site(s) and products, without additional compensation. Entrant agrees to defend and indemnify Microsoft, its affiliates, subsidiaries, affiliates, directors, officers, employees and agents from any and all liability, loss or damage of any kind, including attorney’s fees, arising from or in connection with the exercise of the rights described above. Winners of this Contest must agree to additional licensing and distribution terms.

   Entrants agree to abide by the terms of these Official Rules and by the decisions of Microsoft, which are final and binding on all matters pertaining to this Contest. This Contest is governed by the laws of the United States. All federal, state and local laws and regulations apply. Winners will be notified within seven (7) days after the selection date. Winners may be required to execute an affidavit of eligibility and liability/publicity release within fourteen (14) days following the date of attempted notification. Non-compliance within this time period may result in disqualification and selection of an alternate winner. Return of any prize/prize notification as undeliverable may result in disqualification and selection of an alternate winner. By accepting a prize, Winner further grant to Microsoft and its designees the right to use and publish Winner’s company name, trademarks and logos online and in print in any and all media now or hereafter known worldwide in perpetuity, without additional compensation, notification or permission, unless prohibited by law. By entering, Entrants release and hold harmless Microsoft, their respective parents, subsidiaries, affiliates, directors, officers, employees and agents from any and all liability or any injuries, loss or damage of any kind arising from or in connection with this Contest or any prize won.

   If, for any reason, this Contest is not capable of running as planned for any reason, Microsoft reserves the right at its sole discretion to cancel, terminate, modify or suspend this Contest. If a solution cannot be found to restore the integrity of this Contest, Microsoft may, at its sole discretion, determine the winners of this Contest using all non-suspect, eligible entries received before cancellation, termination, modification or suspension of this Contest took place.

   Microsoft may disqualify a Entrant from participating in this Contest or winning a prize if, in its sole discretion, Microsoft determines such Entrant is attempting to undermine the legitimate operation of this Contest by cheating, deception or other unfair playing practices, or intending to annoy, abuse, threaten or harass us, any other entrant or if it is otherwise not in compliance with the terms of these Official Rules. CAUTION: ANY ATTEMPT BY A ENTRANT OR OTHER INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, MICROSOFT RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.

7. Winners List:

   The names of the winners will be available upon request after October 15, 2007. To request a winners list, please send an e-mail to podyssey@microsoft.com requesting the “Windows Vista Entrant Odyssey Winners. Requests received after October 30, 2007, will not be fulfilled.

8. Sponsor:

   This Contest is sponsored by Microsoft Corporation, One Microsoft Way, Redmond, WA 98052.