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Questo il testo del contratto: TERMS OF USE FOR MSN SEARCH Toolbar WITH WINDOWS DESKTOP SEARCH
1. THIS IS A CONTRACT BETWEEN YOU AND MICROSOFT This is a contract between you and Microsoft Corporation (“Microsoft”) for the Microsoft software that accompanies this contract, including any electronic documentation (“MSN Software”). You are an individual person. You represent that you are at least 18 years old and have reached the age of majority in the province, state or country in which you live. BY INSTALLING, COPYING, OR OTHERWISE USING THE MSN SOFTWARE YOU AGREE TO BE BOUND BY THIS CONTRACT. IF YOU DO NOT AGREE TO THIS CONTRACT, DO NOT INSTALL, COPY OR USE THE MSN SOFTWARE. 2. HOW WE MAY MODIFY THIS CONTRACT. We may change this contract at any time. You must review this contract on a regular basis. You can find a link to the most recent version of the contract at http://toolbar.msn.com/. The changed contract is in effect immediately. If you do not agree to changes in the contract, then you must stop using the MSN Software. If you do not stop using the MSN Software, then your use of the MSN Software will continue under the changed contract. 3. PRIVACY
See the MSN Privacy Statement at http://privacy.msn.com for disclosures relating to the collection and use of your information.
4. MSN SOFTWARE
The MSN Software is protected by copyright and other laws and international treaties. The MSN Software is licensed, not sold, to you. You may use it only for your personal use, and not to operate any business. You may not sell the MSN Software or any information, services, or software associated with it.
You may not modify, copy, license, or create derivative works from the MSN Software. Also, you may not use MSN Software in any manner that could damage, disable, overburden, or harm Microsoft's MSN search services (for example, you may not use the MSN Software in an automated manner), nor may you use the MSN Software in any manner that interferes with any other party's use of Microsoft's search services.
5. FEEDBACK
If you have comments on the MSN Software or ideas on how to improve it, please let us know by clicking the “Send Feedback” menu item on your toolbar. Please note that by doing so, you also grant Microsoft and third parties permission to use and incorporate your ideas or comments into MSN Software (or third party software) without compensation.
6. OWNERSHIP
You acknowledge that Microsoft or third parties own all rights (including copyrights, patents, trade secrets and other rights of any kind) in the MSN Software or software provided to you with the MSN Software. You will not modify, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the MSN Software, unless such activity is expressly permitted by applicable law notwithstanding this limitation. You also will not remove, obscure, or alter Microsoft's or any third party's copyright notice, trademarks, or other proprietary rights notices contained within or accessed in conjunction with the MSN Software. Microsoft reserves all rights not expressly granted to you. All content that may be accessed through use of the MSN Software is the property of its respective owner and may be protected by applicable laws and treaties. This contract does not grant you any rights to use that content.
7. MICROSOFT MAKES NO WARRANTY
Microsoft and any third party who makes its software available with the MSN Software disclaim any responsibility for any harm resulting from your use of the MSN Software and/or any third party software accessed with or through the MSN Software.
THE MSN Software AND ANY THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE MSN SOFTWARE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. To the maximum extent permitted by applicable law, Microsoft and its suppliers disclaim all other warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the MSN SOFTWARE, and the provision of or failure to provide Support Services. MICROSOFT AND ITS SUPPLIERS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE MSN SOFTWARE AND SUPPLIERS SOFTWARE.
YOU UNDERSTAND AND AGREE THAT YOUR DOWNLOAD AND/OR USE OF THE MSN SOFTWARE AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE MSN SOFTWARE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES (INCLUDING, FOR EXAMPLE, AND WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA) THAT RESULTS FROM THE DOWNLOAD OR USE OF THE MSN SOFTWARE AND SUCH THIRD PARTY SOFTWARE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
8. MICROSOFT’S LIABILITY IS LIMITED
To the maximum extent permitted by applicable law, UNDER NO CIRCUMSTANCES WILL MICROSOFT OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE MSN SOFTWARE be liable for any special, incidental, indirect, DIRECT, SPECIAL, EXEMPLARY, PUNITIVE or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other MONETARY loss) arising out of the use of or inability to use the MSN SOFTWARE or the provision of or failure to provide Services, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, even if Microsoft has been advised of the possibility of such damages. THIS LIMITATION WILL APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE, TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
9. MSN Search Service
Parts of the MSN Software are designed to be used with MSN's search services. As a result, your use of the MSN Software is also defined by MSN's Service Contract, Terms of Use and Privacy Policy.
10. PERFORMANCE AND USAGE INFORMATION
Microsoft may automatically upload performance and usage information for evaluating the MSN Software and the MSN search services associated with it. Such information will not personally identify you. 11. Governing lAW and certain other Miscellaneous Provisions
If this contract is with Microsoft Corporation, then claims for breach of this contract will be subject to the laws of the State of Washington, without reference to conflict of laws principles. If this contract is with a Microsoft affiliate, claims for breach of this contract will be subject to the laws of the place of incorporation for such Microsoft affiliate, without reference to 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 reside outside the United States, under the laws of the country to which your use of the MSN Search service is directed.
If this contract is with Microsoft Corporation, you consent to the exclusive jurisdiction and venue of state or federal courts in King County, Washington, USA for all disputes relating to this contract or the Service. If this Contract is with a Microsoft affiliate, you consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such Microsoft affiliate for all disputes relating to this contract or the MSN Software. You cannot revoke this consent.
12. THIS IS THE ENTIRE CONTRACT; NO WAIVER This contract constitutes the entire contract between the parties with respect to its subject matter and replaces all prior or contemporaneous understandings or contracts, written or oral, regarding such subject matter. Any waiver of any provision of this contract will be effective only if in writing and signed by an authorized representative of Microsoft.
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WINDOWS DESKTOP SEARCH
Windows Desktop Search is made available to you under the terms of the applicable end-user license agreement for Microsoft software governing your copy of Microsoft Windows. The end-user license agreement for Windows XP can be viewed at http://www.microsoft.com/legal/useterms/default.aspx
Last Updated: April 2005
