[cbbrowne at localhost.brownes.org: [NTLUG:Discuss] Fear and Loathing in Redmond...]

David Poehlman poehlman1 at home.com
Wed Apr 4 08:58:45 EDT 2001


I agree.  the part that was quoted here earlier did not make clear the
rights we are giving away.  I sure hope people read this carefully and
if you are in a position to act on it that you do so.  There should
probably be some sort of class action or at least some sort of unlawful
practice suit here.  This is sort of like telling the doctor that he can
put a video of your naked body in surgery on tv without your knowledge
or consent.

----- Original Message -----
From: "Buddy Brannan" <davros at ycardz.com>
To: <speakup at braille.uwo.ca>
Sent: Tuesday, April 03, 2001 10:31 PM
Subject: Re: [cbbrowne at localhost.brownes.org: [NTLUG:Discuss] Fear and
Loathing in Redmond...]


Yeah. I still say they're disgusting slimeballs and hope they roast in
hell.

But lest anyone think that the quote I got from that hideous excuse
for a licensing agreement, here's the whole thing, in all of its
(umm....) glory. I still maintain that the full document doesn't make
the objectional parts any better.



   AGREEMENT BETWEEN USER AND MICROSOFT CORPORATION
   The Microsoft Passport Web Site is comprised of a Web site and its
   associated services and is operated by Microsoft Corporation
   ("Microsoft").
   The Passport Web Site and its associated services is offered to you
   conditioned on your acceptance without modification of the terms,
   conditions, and notices contained herein. Your use of the Passport
Web
   Site and its associated services constitutes your agreement to all
   such terms, conditions, and notices.
   You agree to familiarize yourself with the Terms of Use and other
   terms and guidelines found throughout the Passport Web Site and abide
   by them if you choose to use the sites, pages or services to which
   they apply.
   MODIFICATION OF THESE TERMS OF USE
   Microsoft reserves the right to change the terms, conditions, and
   notices under which the Passport Web Site and services are offered.
   You are responsible for regularly reviewing these terms and
   conditions. Continued use of the Passport Web Site or services after
   any such changes shall constitute your consent to such changes.
   USE LIMITATION
   Unless you are a signatory to a Passport Participant License and
   Service agreement, the Passport Web Site and services are for your
   personal and non-commercial use. Except as may be specifically set
   forth in the Passport Participant License and Service Agreement(s)
(as
   applicable only to Passport Participant web sites), 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 through the
   Passport Web Site and service.
   LINKS TO THIRD PARTY SITES
   The Passport Web Site may contain links to other Web sites ("Linked
   Sites"). The Linked Sites are not under the control of Microsoft and
   Microsoft is not responsible for the contents of any Linked Site,
   including without limitation any link contained in a Linked Site, or
   any changes or updates to a Linked Site. 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 or any association with its operators.
   NO UNLAWFUL OR PROHIBITED USE
   As a condition of your use of the Passport Web Site and service, you
   warrant to Microsoft that you will not use the Passport Web Site or
   service for any purpose that is unlawful or prohibited by these
terms,
   conditions, and notices. You may not use the Passport Web Site or its
   associated service in any manner which could damage, disable,
   overburden, or impair the Passport Web Site or interfere with any
   other party's use and enjoyment of the Passport Web Site or its
   associated services. You may not obtain or attempt to obtain any
   materials or information through any means not intentionally made
   available or provided for through the Passport Web Site.
   USE OF COMMUNICATION SERVICES
   The Passport Web Site may contain bulletin board services, chat
areas,
   news groups, forums, communities, personal web pages, group
calendars,
   electronic mail postings and/or other message or communication
   facilities designed to enable you to communicate with the public at
   large or with a group (collectively, "Communication Services"), you
   agree to use the Communication Services only to post, send and
receive
   messages and material that are proper and related to the particular
   Communication Service. By way of example, and not as a limitation,
you
   agree that when using a Communication Service, you will not:
     * 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, infringing, obscene, indecent
       or unlawful topic, name, material or information.
     * Upload files that contain software or other material protected by
       intellectual property laws (or by rights of privacy of publicity)
       unless you own or control the rights thereto or have received all
       necessary consents.
     * Upload files that contain viruses, corrupted files, or any other
       similar software or programs that may damage the operation of
       another's computer.
     * Advertise or offer to sell or buy any goods or services for any
       commercial purpose, unless such Communication Service
specifically
       allows such messages.
     * Conduct or forward surveys, contests, pyramid schemes or chain
       letters.
     * Download any file posted by another user of a Communication
       Service that you know, or reasonably should know, cannot be
       legally distributed in such manner.
     * Falsify or delete any 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, without their consent.
     * Violate any applicable laws or regulations.

   Microsoft reserves the right to review materials posted to a
   Communication Service 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 has no obligation to monitor the Communication Services.
   However, Microsoft reserves the right at all times to disclose any
   information as 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.
   You acknowledge that all Communication Services are public and not
   private communications, therefore your communications may be read by
   others without your knowledge. Always use caution when giving out any
   personally identifying information about yourself or your children in
   any Communication Service. Microsoft does not control or endorse the
   content, messages or information found in any Communication Service
   and, therefore, Microsoft specifically disclaims any liability with
   regard to the Communication Services and any actions resulting from
   your participation in any Communication Service. Forum managers and
   hosts are not authorized Microsoft spokespersons, and their views do
   not necessarily reflect those of Microsoft.
   Materials uploaded to a Communication Service 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.
   LICENSE TO MICROSOFT
   By posting messages, uploading files, inputting data, submitting any
   feedback or suggestions, or engaging in any other form of
   communication with or through the Passport Web Site, you warrant and
   represent that you own or otherwise control the rights necessary to
do
   so and you are granting Microsoft and its affiliated companies
   permission to:
    1. Use, modify, copy, distribute, transmit, publicly display,
       publicly perform, reproduce, publish, sublicense, create
       derivative works from, transfer, or sell any such communication.
    2. Sublicense to third parties the unrestricted right to exercise
any
       of the foregoing rights granted with respect to the
communication.
    3. Publish your name in connection with any such communication.

   The foregoing grants shall include the right to exploit any
   proprietary rights in such communication, including but not limited
to
   rights under copyright, trademark, service mark or patent laws under
   any relevant jurisdiction. No compensation will be paid with respect
   to Microsoft's use of the materials contained within such
   communication. Microsoft is under no obligation to post or use any
   materials you may provide and may remove such materials at any time
in
   Microsoft's sole discretion.
   SOFTWARE AVAILABLE ON THE PASSPORT WEB SITE
   Software (if any) that is made available to download from the
Passport
   Web Site, excluding software that may be made available by end-users
   through a Communication Service, ("Software") is the copyrighted work
   of Microsoft and/or its suppliers. Your use of the Software is
   governed by the terms of the license agreement, if any, which
   accompanies or is included with the Software ("License Agreement").
   You may not install or use any Software that is accompanied by or
   includes a License Agreement unless you first agree to the License
   Agreement terms. For any Software not accompanied by a license
   agreement, Microsoft hereby grants to you, the user, a personal,
   non-transferable license to use the Software for viewing and
otherwise
   using the Passport Web Site and service in accordance with these
Terms
   of Use, and for no other purpose provided that you keep intact all
   copyright and other proprietary notices. All Software is owned by
   Microsoft and/or its suppliers and is protected by copyright laws and
   international treaty provisions. Any reproduction or redistribution
of
   the Software 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. THE
   SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE
   LICENSE AGREEMENT. You acknowledge that the Software, and any
   accompanying documentation and/or technical information, is subject
to
   applicable export control laws and regulations of the USA. You agree
   not to export or re-export the Software, directly or indirectly, to
   any countries that are subject to USA export restrictions.
   LIABILITY DISCLAIMER
   THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
   AVAILABLE THROUGH THE PASSPORT WEB SITE AND SERVICE MAY INCLUDE
   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 PASSPORT WEB SITE OR
   SERVICE AT ANY TIME. ADVICE RECEIVED VIA THE PASSPORT WEB SITE OR
   SERVICE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR
   FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE
PROFESSIONAL
   FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
   MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
   ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND
   ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
   GRAPHICS CONTAINED ON OR OBTAINED THROUGH THE PASSPORT WEB SITE OR
   SERVICE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
   SERVICES 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,
   SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
   IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
   PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
   IN NO EVENT SHALL MICROSOFT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
   DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES
   OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
   LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
   WITH THE USE OR PERFORMANCE OF THE PASSPORT WEB SITE OR RELATED
   SERVICES, WITH THE DELAY OR INABILITY TO USE THE PASSPORT WEB SITE OR
   RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR
   FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS
   OBTAINED THROUGH THE PASSPORT WEB SITE OR SERVICE, OR OTHERWISE
   ARISING OUT OF THE USE OF THE PASSPORT WEB SITE OR SERVICE, WHETHER
   BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
   EVEN IF MICROSOFT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
   POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW
   THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
   INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU
   ARE DISSATISFIED WITH ANY PORTION OF THE PASSPORT WEB SITE OR
SERVICE,
   OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS
   TO DISCONTINUE USING THE PASSPORT WEB SITE AND ITS RELATED SERVICES.
   SERVICE CONTACT
   Contact customer service with questions or problems with this Web
   site.
   TERMINATION/ACCESS RESTRICTION
   Microsoft reserves the right, in its sole discretion, to terminate
   your access to the Passport Web Site and the related services or any
   portion thereof at any time, without notice.
   GENERAL
   This agreement is governed by the laws of the State of Washington,
   U.S.A. You hereby consent to the exclusive jurisdiction and venue of
   courts in King County, Washington, U.S.A. in all disputes arising out
   of or relating to the use of the Passport Web Site or service. Use of
   the Passport Web Site and service is unauthorized in any jurisdiction
   that does not give effect to all provisions of these terms and
   conditions, including without limitation this paragraph. You agree
   that no joint venture, partnership, employment, or agency
relationship
   exists between you and Microsoft as a result of this agreement or use
   of the Passport Web Site or service. Microsoft may assign this
   agreement, in whole or in part, at any time. Microsoft's performance
   of this agreement is subject to existing laws and legal process, and
   nothing contained in this agreement is in derogation of Microsoft's
   right to comply with governmental, court and law enforcement requests
   or requirements relating to your use of the Passport Web Site or
   service or information provided to or gathered by Microsoft with
   respect to such use. If any part of this agreement is determined to
be
   invalid or unenforceable pursuant to applicable law including, but
not
   limited to, the warranty disclaimers and liability limitations set
   forth above, then the invalid or unenforceable provision will be
   deemed superseded by a valid, enforceable provision that most closely
   matches the intent of the original provision and the remainder of the
   agreement shall continue in effect. This agreement and the Passport
   Participant License and Service agreement(s) (where applicable)
   constitute the entire agreement between the user and Microsoft with
   respect to the Passport Web Site and service and such agreements
   supersede all prior or contemporaneous communications and proposals,
   whether electronic, oral or written, between the user and Microsoft
   with respect to the Passport Web Site and service. A printed version
   of this agreement and of any notice given in electronic form shall be
   admissible in judicial or administrative proceedings based upon or
   relating to this agreement to the same extent and subject to the same
   conditions as other business documents and records originally
   generated and maintained in printed form.
   COPYRIGHT AND TRADEMARK NOTICES:
   All contents of the Passport Web Site are: Copyright © 1999
Microsoft,
   Inc. and/or its suppliers, c/o Microsoft Corporation, One Microsoft
   Way, Redmond, Washington 98052-6399 U.S.A. All rights reserved.
   TRADEMARKS. Microsoft, Hotmail, MSN and other names of Microsoft
   products and/or services referenced herein are trademarks or
   registered trademarks of Microsoft Corporation. The names of actual
   companies and products mentioned herein may be the trademarks of
their
   respective owners.
   The example companies, organizations, products, people and events
   depicted herein are fictitious. No association with any real company,
   organization, product, person, or event is intended or should be
   inferred.
   Any rights not expressly granted herein are reserved.
   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 RECEIVE NO RESPONSE. See Notice and
Procedure
   for Making Claims of Copyright Infringement.
   FOR INFORMATION REGARDING THE PASSPORT PRIVACY STATEMENT CLICK HERE

   For Consumers | For Business | For Press | International
   © 1999-2001 Microsoft Corporation. All rights reserved.
   TRUSTe Approved Privacy Statement | Terms of Use

--
Buddy Brannan, KB5ELV    | I choose you to take up all of my time.
Email: davros at ycardz.com | I choose you because you're funny and kind
Phone: (972) 276-6360    | I want easy people from now on.
                         | --the Nields

_______________________________________________
Speakup mailing list
Speakup at braille.uwo.ca
http://speech.braille.uwo.ca/mailman/listinfo/speakup





More information about the Speakup mailing list