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

[Charles Hallenbeck]

Hey Greg,

No way will Buddy get sued. Since it was sent to this list, and Kirk is
the list owner, Kirk owns the thing and he can do whatever he pleases with
it, including changing the offensive language and replacing all occurences
of "MS" with "M$" if he wants to.
Chuck
 On Wed, 4 Apr 2001, Gregory Nowak wrote:

> Hey Buddy,
> 
> You know, if they ever find out you sent their beloved and copyrighted
> agreement to this list, they may sue you.
> Greg
> 
> 
> ----- Original Message -----
> From: "Buddy Brannan" <davros at ycardz.com>
> To: <speakup at braille.uwo.ca>
> Sent: Tuesday, April 03, 2001 9:31 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
> >
> 
> 
> _______________________________________________
> Speakup mailing list
> Speakup at braille.uwo.ca
> http://speech.braille.uwo.ca/mailman/listinfo/speakup
> 

My web site is http://www.mhonline.net/~chuckh 
The Moon is Waxing Gibbous (85% of Full)