This is an agreement between you and Microsoft Corporation
(or, based on where you live, one of its affiliates) that describes your rights
to use the Microsoft Dynamics Learning Portal (“DLP”). The DLP contains a
variety of resources, including learning materials, documents, videos, and
other graphical, textual or audio-visual content (collectively, “Materials”)
and software (including developer tools and sample code) (“Software”). The
Materials, Software and all other aspects of the DLP (collectively, the “services”)
terms of the other agreement will control.
ACCEPTANCE OF TERMS
By using the services you agree to the following terms.
Microsoft may update these terms with or without notice to you by posting new
terms. Your use of certain elements of the services may be subject to
additional guidelines, posted notices, or codes of conduct. These are
incorporated by reference into these terms. If you are entering
represent that you have the legal authority to bind that entity.
RIGHT TO MODIFY
Microsoft may change the services or delete features of the services
at any time and for any reason. Microsoft may cancel or suspend your use of the
services at any time without notice and for any reason. Upon service
cancellation, your right to use the services stops immediately.
USE OF MATERIALS & DOCUMENTS
All Materials that are made available on the DLP are the
copyrighted work of Microsoft or its suppliers, and is governed
by the terms of the license agreement that accompanies or is included with the
Materials. If the Materials do not include a license agreement, then you may use
these Materials only (a) as a reference to assist you
in using Microsoft Dynamics products, (b) as a reference to assist you in
planning and designing your product, service or technology to interface with a
Microsoft Dynamics product as described in the Materials; and/or (c) to provide
feedback to Microsoft. All other rights are retained by Microsoft. These Terms
of Use do not give you rights under any Microsoft patents. You may not (i)
duplicate any part of the Materials except that you may make a
reasonable number of copies of the Materials for your internal use, (ii)
remove any notices from the Materials, or (iii) give any part of the Materials,
Permission to use white papers, press releases, datasheets,
FAQs, and similar written Materials (“Documents”) from the DLP is
granted, provided that (1) you do not remove, modify or tamper with any
copyright notices on such Documents, (2) you use such Documents for
informational and non-commercial or personal use only and do not be copy or
post them on any network computer or broadcast in any media, and (3) you do not
make any modifications to the Documents. 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
Use of the Materials 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.
USE OF SOFTWARE AVAILABLE ON THIS WEB SITE.
Use of any Software that is made available to download from the
DLP is governed by the terms of the end user license agreement, if any, which
accompanies or is included with the Software ("License Terms").
You must agree to the License Terms before you can install or use any Software.
If no License Terms accompany the Software, the terms set forth in the “Use of
Materials & Documents” section shall govern your use of the Software. The Software
is licensed, not sold, and Microsoft reserves all rights to the Software not
expressly granted by Microsoft under the License Terms, whether by implication,
estoppel, or otherwise.
Any reproduction or redistribution of the Software not in
accordance with the License Terms is expressly prohibited by law and may result
in severe civil and criminal penalties. Violators will be prosecuted to the
maximum extent possible.
Certain non-public or trade secret Materials may be marked
“confidential” or otherwise be provided in a manner that a reasonable person
should understand to be confidential information of Microsoft. For a
period of five years from the time you accessed this confidential information,
you may not disclose this confidential information to any third party. This
restriction will not apply to any information that is or becomes publicly
available without a breach of this restriction, was lawfully known to the
receiver of the information without an obligation to keep it confidential, is
received from another source who can disclose it lawfully and without an
obligation to keep it confidential, or is independently developed. You may
disclose this confidential information if required to comply with a court order
or other government demand that has the force of law. Before doing so, you
must seek the highest level of protection available and, when possible, give
Microsoft enough prior notice to provide a reasonable chance to seek a
You may give Microsoft any suggestions, comments or other
feedback ("Feedback") relating to the Materials. Any Feedback
you voluntarily provide may be used in Microsoft products and related
specifications or other documentation (collectively, "Microsoft
Offerings") which in turn may be relied upon by other third parties to
develop their own products. Accordingly, if you do give Microsoft Feedback on
any version of the Materials or the Microsoft Offerings to which they apply, you
agree: (a) Microsoft may freely use, reproduce, license, distribute, and
otherwise commercialize your Feedback in any Microsoft Offering; (b) you also
grant third parties, without charge, only those patent rights necessary to
enable other products to use or interface with any specific parts of a
Microsoft Product that incorporate your Feedback; and (c) you will not give
Microsoft any Feedback (i) that you have reason to believe is subject to any
patent, copyright or other intellectual property claim or right of any third
party; or (ii) subject to license terms which seek to require any Microsoft
Offering incorporating or derived from such Feedback, or other Microsoft
intellectual property, to be licensed to or otherwise shared with any third
NO WARRANTIES; NOTICES REGARDING LIMITATION OF LIABILITY
MICROSOFT AND ITS RESPECTIVE SUPPLIERS PROVIDE THE SERVICES
(INCLUDING THE MATERIALS, DOCUMENTS AND SOFTWARE) “AS IS,” “WITH ALL FAULTS”
AND “AS AVAILABLE.” YOU BEAR THE RISK OF USING IT. WE PROVIDE NO WARRANTIES,
GUARANTEES OR CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE,
INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. YOU MAY HAVE ADDITIONAL RIGHTS UNDER YOUR LOCAL LAWS WHICH
THIS AGREEMENT CANNOT CHANGE. THESE DISCLAIMERS WILL APPLY TO THE FULLEST
EXTENT PERMITTED UNDER APPLICABLE LAW.
IN NO EVENT SHALL MICROSOFT 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 AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE
USE OR PERFORMANCE OF THE MATERIALS, PROVISION OF OR FAILURE TO PROVIDE ACCESS
TO THE SERVICES. The aggregate liability of Microsoft under these
dollars ($500.00 USD). These limits apply even if this remedy does not
fully compensate you for any losses, fails of its essential purpose or
Microsoft knew or should have known about the possibility of the damages.
These terms do not affect the statutory rights of any
consumer. They also do not exclude or restrict liability for death or personal
injury arising from Microsoft’s negligence, fraud, or its gross negligence or
willful intent. Some or all of these limitations or exclusions may not apply to
you if your state, province, or country does not allow the exclusion or
limitation of incidental, consequential or other damages.
The services are copyright © 2014 Microsoft Corporation
and/or its suppliers, One Microsoft Way, Redmond, WA 98052, US. All rights
reserved. We or our suppliers own the title, copyright, and other intellectual
property rights in the services and its content. Microsoft and the names, logos,
and icons of all Microsoft products, software, and services may be either trademarks or
registered trademarks of Microsoft
in the United States and/or other countries. The names of actual companies and
products may be the trademarks of their respective owners.
Microsoft may have patents, patent applications, trademarks,
copyrights, or other intellectual property rights covering subject matter in
the Materials, Documents and/or Software. Except as expressly provided in any
written license agreement from Microsoft, the furnishing of Materials,
Documents and/or Software does not give you any license to these patents,
trademarks, copyrights, or other intellectual property.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
Your privacy is important to Microsoft. Microsoft uses
certain information collected from you to operate and provide the services. As
part of the services, Microsoft may automatically upload information about your
machine, your use of the services and services performance. Microsoft may
access or disclose information about you, including the content of your
communications or content on the services. Microsoft may do so in order to: (a)
comply with the law or respond to lawful requests or legal process; (b) protect
the rights or property of Microsoft or its customers, including the enforcement
of Microsoft agreements or policies governing your use of the services; or (c)
act on a good faith belief that such access or disclosure is necessary to
protect the personal safety of Microsoft employees, customers, or the public. Please
read the Privacy Statement
relating to the collection and use of your information in connection with your
use of the services.
LINKS TO THIRD PARTY SITES.
YOU MAY BE ABLE TO ACCESS THIRD PARTY SITES THROUGH LINKS ON
THE DLP. 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.
MICROSOFT ACCOUNT AND SECURITY
You must sign in to the DLP using your Microsoft account. 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 account,
either with or without your knowledge. You may be held liable for losses
incurred by Microsoft or another party due to someone else using your account.
You may not use anyone else's account without their permission.
PROHIBITED USE OF THE SERVICES
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 of
Use and notices we provide you. You must not attempt to gain unauthorized
access to the services, other accounts, computer systems or networks connected
to any Microsoft server 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. You may not
use the services in any unauthorized way that could interfere with anyone
else’s use of them or gain access to any service, data, account, or network.
You may not enable access to the services by unauthorized third-party
When using the services you must comply with these terms,
all applicable laws, and the Microsoft Anti-Spam Policy. You must also obey any policies, codes of
conduct, and notices Microsoft provides. The services are only for your
personal use. You may not use the services, any content available on the services,
or your account for any commercial purpose. You may be unable to use the services
outside the country associated with your account. You may not use the services
to harm others or the services. For example, you may not:
·Use the services to harm, threaten, or harass another person,
organization, or Microsoft;
·Misrepresent your identity or interfere with any other party's
use and enjoyment of the services;
·Damage, disable, overburden, or impair the services (or any
network connected to the services);
·Resell or redistribute any part of the services or access to the services;
·Use or attempt to use any unauthorized means to modify, reroute,
or gain access to the services;
·Remove, modify, or tamper with any notice or link that is
incorporated into the services;
·Use any automated process or service (such as a bot, a spider,
periodic caching of information stored by Microsoft, or meta-searching) to
access or use the services, or to copy or scrape data from the services;
·Obtain (or try to obtain) any data from the services or related
hardware, except the data that Microsoft intends to make available to you; or
·Use the services or related hardware to design, develop, or
update unauthorized software.
If Microsoft believes that you are making unauthorized or
improper use of the services, Microsoft may take such action as it deems
appropriate without notice to you. These actions may include blocking messages
from a particular Internet domain, mail server, or IP address. Microsoft may at
all times: (a) disclose any information as Microsoft deems necessary to satisfy
any applicable law, regulation, legal process, or governmental request; or (b)
edit, refuse to post or to remove any information or materials, in whole or in
The services are subject to United States and other
jurisdictions’ export and technology laws and you agree to comply with all such
applicable laws and regulations that apply to the software and/or services.
United States government permission is required to transfer these free software
and services to governments of any embargoed country or certain prohibited
parties. Please see the U.S. Department of Treasury website for more information.
Additionally, paid services are subject to United States export laws and
regulations with which you must comply. These laws include restrictions on
destinations, end users, and end use. For additional information, see the
Exporting Microsoft Products website.
illegal, invalid or unenforceable, the rest of the document will remain in
provision to the maximum extent possible.
Microsoft and its employees do not accept or consider
unsolicited ideas. This includes ideas for new advertisement campaigns,
promotions, products, technologies, processes, materials, marketing plans, and
product names. Please do not send any artwork, samples, demos, or other
works to Microsoft or anyone at Microsoft. The purpose of this policy is to
avoid misunderstandings or disputes when Microsoft’s products or marketing
strategies seem similar to ideas submitted to Microsoft. If you send them
anyway, please understand that Microsoft will not treat your ideas or
materials as confidential or proprietary.
APPLICABLE LAW AND JURISDICTION.
Contracting party, choice of law, and location for resolving
you live in or your business is headquartered in North or South America,
you are contracting with Microsoft Corp., One Microsoft Way, Redmond, WA 98052,
USA, and Washington State law governs the interpretation of these terms and
applies to claims for breach of them, regardless of conflict of laws
principles. All other claims, including claims regarding consumer protection
laws, unfair competition laws, and in tort, will be subject to the laws of your
state of residence in the United States, or, if you live outside the United
States, the laws of the country to which Microsoft directs your services. You
and Microsoft irrevocably consent to the exclusive jurisdiction and venue of
the state or federal courts in King County, Washington, USA, for all disputes
arising out of or relating to these terms.
you live in or your business is headquartered in Europe, you are
contracting with Microsoft Luxembourg S.à.r.l., 20 Rue Eugene Ruppert, Immeuble
Laccolith, 1st Floor, L-2543 Luxembourg. All claims, including claims regarding
consumer protection laws, unfair competition laws, and in tort, will be subject
to the laws of Luxembourg or of the country in which you reside. With respect
to jurisdiction, you may choose the responsible court in Luxembourg or in the
country in which you reside for all disputes arising out of or relating to these
you live in or your business is headquartered in the Middle East or Africa,
you are contracting with Microsoft Luxembourg S.à.r.l., 20 Rue Eugene Ruppert,
Immeuble Laccolith, 1st Floor, L-2543 Luxembourg, and the laws of Luxembourg
govern the interpretation of these terms and apply to claims for breach of
them, regardless of conflict of laws principles. All other claims, including
claims regarding consumer protection laws, unfair competition laws, and in
tort, will be subject to the laws of the country to which Microsoft directs
your services. You and Microsoft irrevocably agree to the exclusive
jurisdiction and venue of the Luxembourg courts for all disputes arising out of
or relating to these terms.
your country is specifically called out below, if you live in or your
business is headquartered in Asia or the South Pacific, you are
contracting with Microsoft Regional Sales Corp., a corporation organized under
the laws of the State of Nevada, USA, with a branch in Singapore, having its
principal place of business at 438B Alexandra Road, #04-09/12, Block B,
Alexandra Technopark, Singapore, 119968, and the Washington State law governs
these terms, regardless of conflict of law principles. Any dispute arising out
of or in connection with these terms, including any question regarding its
existence, validity, or termination, will be referred to and finally resolved
by arbitration in Singapore in accordance with the Arbitration Rules of the
Singapore International Arbitration Center (SIAC), which rules are deemed to be
incorporated by reference into this clause. The Tribunal will consist of one
arbitrator to be appointed by the Chairman of SIAC. The language of arbitration
will be English. The decision of the arbitrator will be final, binding, and
incontestable, and it may be used as a basis for judgment in any country or
you live in or your business is headquartered in Japan, you are
contracting with Microsoft Japan Co., Ltd (MSKK), Shinagawa Grand Central
Tower, 2-16-3 Konan Minato-ku, Tokyo 108-0075. The laws of Japan govern these
terms and any matters arising out of or relating to them. You and Microsoft
irrevocably agree to the exclusive original jurisdiction and venue of the Tokyo
District Court for all disputes arising out of or relating to these terms.
you live in or your business is headquartered in China, you are
contracting with Microsoft Corp., One Microsoft Way, Redmond, WA 98052, USA. As
to those Services, Washington State law governs these terms, regardless of
conflict of laws principles. The jurisdiction of the state or federal courts in
King County, Washington, USA, is nonexclusive.
you live in or your business is headquartered in Korea, you are
contracting with Microsoft Korea, Inc., 6th Floor, POSCO Center, 892
Daechi-Dong, Kangnam-Gu, Seoul, 135-777, Korea, and the laws of the Republic of
Korea govern these terms. You and Microsoft irrevocably agree to exclusive
original jurisdiction and venue of the Seoul District Court for all disputes arising
out of or relating to these terms.
you live in or your business is headquartered in Taiwan, you are
contracting with Microsoft Taiwan Corp., 8F, No 7 Sungren Road, Shinyi Chiu,
Taipei, Taiwan 110, and the laws of Taiwan govern these terms. You and
Microsoft irrevocably designate the Taipei District Court as the court of first
instance having jurisdiction over any disputes arising out of or in connection
with these terms.