Windows Media Center for Windows 7

Windows Media Center for Windows 7

Electronic Programming Guide Terms Of Service
Version 5.0
Updated October 2008
The Microsoft software product identified above, which includes computer softwar
e and may include associated media, printed materials, online or electronic docume
ntation, and Internet-based services (the Product) provides access to an electroni
c programming guide service (the EPG). The EPG displays customized television lis
tings, in-band program information, and other related data through use of the Pr
oduct.
Binding Agreement. The EPG is provided to you by Microsoft Corporation (Microsof
t), One Microsoft Way, Redmond WA 98052, United States, conditioned on your accep
tance without modification of the terms and conditions contained in this Electro
nic Programming Guide Terms of Service (this Agreement). ALL OF THE TERMS OF THIS
AGREEMENT ARE VERY IMPORTANT, SO YOU MUST READ AND AGREE TO THIS ENTIRE AGREEME
NT. Your registration and use of the EPG constitutes your acceptance of the ter
ms and conditions set forth in this Agreement. If you accept these terms and co
nditions we recommend that you print a copy for your records. IF YOU DO NOT AGR
EE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE SELECT THE I dont
agree BUTTON AFTER YOU HAVE COMPLETED YOUR REVIEW OF THIS AGREEMENT. Microsoft m
ay prove your agreement or consent to the terms and conditions of this Agreement
in any manner, including without limitation, by showing that a procedure existe
d by which you must have provided consent or engaged in conduct or operations in
order to obtain the applicable service or items.
MICROSOFT RESERVES THE RIGHT TO MODIFY THE AGREEMENT GOVERNING THE EPG AT ANY TI
ME, IN ITS SOLE DISCRETION, BY PROVIDING YOU NOTICE OF MODIFICATIONS IN THE MANN
ER DETAILED BELOW. This includes any and all changes to subscription fees, serv
ice operation and user rights and responsibilities. YOUR CONTINUED USE OF THE E
PG FOLLOWING ANY SUCH NOTICE SHALL CONSTITUTE YOUR ACCEPTANCE OF THE MODIFIED AG
REEMENT. IF ANY OF THE CHANGES MADE TO THIS AGREEMENT ARE UNACCEPTABLE TO YOU,
YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THE EPG BY FOLLOWING THE INSTRUCTIONS
LISTED BELOW UNDER TERMINATION OF SERVICE.
At any time, you may review and print a copy of the Agreement as then in effect
by locating the Agreement on the World Wide Web at the following URL:
http://go.microsoft.com/fwlink/?Linkid=8430
THE AGREEMENT DISPLAYED ON THE WORLD WIDE WEB AT SUCH LOCATION SHALL BE THE CONT
ROLLING AND EFFECTIVE AGREEMENT REGARDLESS OF ANY INCONSISTENCIES WITH THIS TERM
S OF SERVICE OR THE TERMS OF SERVICE DISPLAYED WHEN YOU PERFORM THE STEPS SET FO
RTH UNDER TERMINATION OF SERVICE IN THIS AGREEMENT.
Registration for the Electronic Programming Guide Service. You represent and wa
rrant that you are 18 years of age or older (or the age of majority in the juris
diction in which you reside) and that you possess the legal right and ability to
enter into this Agreement and to use the EPG in accordance with this Agreement.
You agree to provide accurate and complete registration information. Your sub
scription is personal to you and you may not transfer it to any other person or
entity. You and your as used throughout this Agreement shall mean you and any perso
n using the EPG under your registration.
Use of the Electronic Programming Guide Service. The EPG may only be accessed w
ith an authorized personal computer using the Product. The EPG is offered solel
y for your personal and non-commercial use. Any commercial use of the EPG, or t
he resale or redistribution of any of its services or content, is expressly proh
ibited. You agree to abide by all applicable local, state, provincial, national

, federal and international laws and regulations in your use of the EPG and of t
he in-band guide data. You may not modify, copy, distribute, display, perform,
sell, lease, license or create derivative works of any information obtained from
the EPG. You may allow other members of your household to use your subscriptio
n provided that you remain liable for their compliance with the terms and condit
ions of this Agreement.
When you use the Program Guide, it collects and provides information to Microsof
t regarding the operation of the television listings that were downloaded from M
icrosoft to your computer ("Program Guide-related information"). This informatio
n includes the amount of data downloaded, the duration of the download, whether
the download completed successfully, and any edits you make to remedy incorrect
channel assignments. This information also includes certain standard information
about your computer hardware and software such as your IP address, access times
, and geographic information that may include your country and ZIP/postal code.
By using this feature, you consent to the transmission of this information.
YOU AGREE TO INDEMNIFY AND HOLD MICROSOFT, ITS PARENTS, SUBSIDIARIES, AFFILIATES
, OFFICERS, DIRECTORS AND EMPLOYEES HARMLESS FROM ANY CLAIM, DEMAND, ACTION, DAM
AGE, COST OR EXPENSE, INCLUDING REASONABLE LEGAL AND ATTORNEYS FEES, ASSERTED AGA
INST OR CAUSED MICROSOFT FROM A THIRD PARTY ARISING OUT OF OR RELATED TO YOUR US
E OF THE EPG.
Content of the Electronic Programming Guide Service. Microsoft does not control
or endorse the content found in the EPG. Such content is provided by third par
ties and Microsoft is not responsible for such content.
Subscription Fees and Other Charges. The EPG is provided to you free of charge.
As noted above with respect to changes to the terms of this Agreement, Microso
ft reserves the right to change prices, or institute new charges for the EPG, at
any time with thirty (30) days notice to you. Furthermore, you are responsible
for the costs of establishing an Internet connection to connect to the EPG. Thi
s includes fees paid to an Internet service provider, any long distance telephon
e toll charges associated with connecting to the Internet via such Internet serv
ice provider, and any equipment charges.
Termination of Service. You may terminate your use of the EPG at any time as foll
ows:
1. On the Windows Media Center Start screen, begin the TV Setup wizard. Dependin
g on your system, select Tasks > Settings > TV >Set Up TV Signal, orselect Tasks >
Settings > TV > TV Signal > Set Up TV Signal.
2. Select your region, then select Next.
3. Enter your ZIP code if prompted, then select Next.
4. On the Program Guide Terms of Service page, select I do not agree, then selec
t Next.
5. Finish the TV Setup wizard to terminate your access to the EPG.
Note: The Terms of Service displayed within Windows Media Center may not be curr
ent. For the current version that is in effect, see the Terms of Service Agreeme
nt online at http://go.microsoft.com/fwlink/?LinkId=8430.
Such termination shall be effective on the first business day following the date
on which notice of termination is provided. Microsoft may terminate your subscri
ption at any time in the event you do not comply with all of the terms and condi
tions of this Agreement. Furthermore, Microsoft may discontinue providing the EPG
at any time.
Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (I) MICROSOFT PROVIDES THE
EPG, INCLUDING ALL OF ITS SERVICES AND CONTENT, AS IS AND AS AVAILABLE WITHOUT REPRE
SENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND; (II) YOUR USE OF THE EPG IS AT
YOUR OWN RISK; (III) MICROSOFT MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIO
NS, EXPRESS OR IMPLIED, ABOUT THE SUITABILITY, RELIABILITY, USABILITY, ACCURACY,

AVAILABILITY OR TIMELINESS OF THE EPG FOR ANY PURPOSE; (IV) MICROSOFT MAKES NO
REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, THAT THE EPG WILL
BE ERROR FREE OR THAT THERE WILL BE NO VIRUSES OR OTHER HARMFUL COMPONENTS CONT
AINED WITHIN THE EPG; (V) MICROSOFT MAKES NO REPRESENTATIONS, WARRANTIES OR CON
DITIONS, EXPRESS OR IMPLIED, THAT THE EPG WILL BE UNINTERRUPTED OR AVAILABLE AT
ANY TIME OR IN ANY GEOGRAPHIC LOCATION: AND (VI) MICROSOFT AND ITS SUPPLIERS HER
EBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED,
WITH REGARD TO THE EPG, INCLUDING WITHOUT LIMITATION, DUTIES OR CONDITIONS OF M
ERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY
OR COMPLETENESS OF RESPONSES, RESULTS, WORKMANLIKE EFFORT, LACK OF VIRUSES, LAC
K OF NEGLIGENCE, TITLE, NON-INFRINGEMENT AND THE PROVISION OF OR FAILURE TO PROV
IDE SUPPORT SERVICES.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT SHALL MICROSOFT AND/OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER A
RISING OUT OF OR IN ANY WAY RELATED TO THE EPG. SUCH DAMAGES INCLUDE ANY DIRECT
, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS. THIS PARAGRAPH S
HALL APPLY REGARDLESS OF WHETHER THE THEORY OF LIABILITY IS BASED ON CONTRACT (I
NCLUDING FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT, NEGLIGENCE,
EXTRA-CONTRACTUAL LIABILITY, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT MI
CROSOFT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAG
ES. MICROSOFTS LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT IS LIMITED TO THE A
MOUNT ACTUALLY PAID BY YOU TO MICROSOFT EXPLICITLY AND SOLELY FOR ACCESS TO THE
EPG AND NOT FOR ANY OTHER PRODUCT OR SERVICE OF MICROSOFT, INCLUDING THE PRODUCT
. YOU HEREBY RELEASE MICROSOFT FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CL
AIMS IN EXCESS OF THIS LIMITATION.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LI
ABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT AP
PLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE EPG, OR WITH ANY OF
THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO NOT REGISTER FOR THE EPG OR T
O TERMINATE YOUR USE OF THE EPG.
Notice of Changes to this Agreement. Microsoft will notify you of changes to th
is Agreement the first time you use the EPG following any such change. At such
time, the Product will display a dialog box that will display a button for the Te
rms of Service for the EPG that is maintained on the World Wide Web. You must se
lect that button before you will be able to continue to use the EPG. Selecting
the button will display the current Agreement then in effect. If any of the cha
nges made to this Agreement are unacceptable to you, you must immediately termin
ate your use of the EPG by following the instructions listed under Termination o
f Service in this Agreement.
Notices to Microsoft. If you have questions or comments regarding this Agreemen
t or otherwise need to provide notice to Microsoft with respect to this Agreemen
t, you must contact Microsoft by contacting technical support as described in Hel
p in the Product.
Choice of Law and Venue. Claims for enforcement, breach or violation of duties
or rights under this Agreement shall be adjudicated under the laws of the State
of Washington, without reference to conflict of laws principles, except as prohi
bited by law in jurisdictions outside of the United States. All other claims, i
ncluding without limitation claims under or for violation of state or provincial
consumer protection laws, unfair competition laws, and in tort, shall be adjudi
cated under the law of your state or jurisdiction of residence. To the maximum
extent allowed by law, you hereby irrevocably consent to the exclusive jurisdict
ion and venue of courts in King County, Washington, U.S.A. in all disputes arisi
ng out of or relating to the use of the EPG. Use of the EPG is unauthorized in
any jurisdiction that does not give effect to all provisions of this Agreement a

nd conditions including, without limitation, this paragraph.

Enforcement. If any part of this Agreement is determined to be invalid or unenf
orceable pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or unenf
orceable provision will be deemed superseded by a valid, enforceable provision t
hat most closely matches the intent of the original provision and the remainder
of the Agreement shall continue in effect. Microsofts failure to insist upon or
enforce strict performance of any provision of this Agreement does not mean that
Microsoft has waived any such provision or right in this Agreement. No waiver
of a breach of any provision of this Agreement or of any default hereunder will
be deemed a waiver of any other breach or default of this Agreement. YOU AND MI
CROSOFT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE EPG MUST
COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES; OTHERWISE, SUCH
CAUSE OF ACTION IS PERMANENTLY BARRED. The section titles in the Agreement are
provided solely for the convenience of the parties and have no legal or contract
ual significance. A printed copy of this Agreement and of any of Microsofts othe
r electronic records shall be admissible in judicial or administrative proceedin
gs to the same extent and subject to the same conditions as other business docum
ents and records originally generated and maintained in printed form.
Entire Agreement. This Agreement constitutes the entire agreement between Micro
soft and you with respect to your use of the EPG and it supersedes all prior or
contemporaneous communications, proposals, and agreements, whether electronic, o
ral or written, between Microsoft and you with respect to the EPG only. Microso
ft may assign this Agreement, in whole or in part, to any third party at any tim
e with or without notice to you. You may not assign or transfer this Agreement.
Performance Subject to Law. Microsofts performance of this Agreement is subject
to existing laws and legal process, and nothing contained in this Agreement is i
n derogation of Microsofts right to comply with governmental, court and law enfor
cement requests or requirements relating to your use of the EPG or information p
rovided to or gathered by Microsoft with respect to such use.
Agreement Drawn in English. The parties to this Agreement confirm that it is th
eir wish that this Agreement, as well as all other documents relating to it, hav
e been and shall be drawn up in the English language only. Any conflict between
this Agreement and any translations provided by Microsoft or its partners or pr
oviders in other languages, either orally or in printed form, shall be resolved
in favor of this English language version. Les parties aux prsentes confirment l
eur volont que cette convention, de mme que tous les documents qui sy rattachent, s
oient rdigs en langue anglaise.
Copyright and Trademark Notices. All contents of the EPG are Copyright Microsoft
Corporation and/or its suppliers. All rights reserved. Microsoft and other Mic
rosoft products and services referenced herein are either trademarks or register
ed trademarks of Microsoft. Any rights not expressly granted herein are reserve
d.
Notices and Procedure for Making Claims of Copyright Infringement. Pursuant to
Title 17, United States Code, Section 512(c)(2), notifications of claimed copyri
ght infringement should be sent to the Service Providers Designated Agent. ALL I
NQUIRIES NOT RELEVANT TO SUCH CLAIMS WILL RECEIVE NO RESPONSE.
Notices should be sent to:
J.K.Weston
One Microsoft Way
Redmond, WA 98052
Phone: +1 (425) 703-5529
Fax: +1 (425) 936-7329

Email Address: jkweston@microsoft.com

Please refer to the Notice and Procedure for Making Claims of Copyright Infringe
ment at http://www.microsoft.com/info/cpyrtinfrg.htm for further instructions.
END OF AGREEMENT