MICROSOFT LICENSE TERMS
MICROSOFT DIGITAL LITERACY CURRICULUM COURSES
These license terms are an agreement between Microsoft Corporation and you. Please read them. They apply to the Licensed Content named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
· updates,
· supplements,
· Internet-based services, and
· support services
for this Licensed Content, unless other terms accompany those items. If so, those terms apply.
BY USING THE LICENSED CONTENT, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE LICENSED CONTENT.
If you comply with these license terms, you have the rights below.
1. DEFINITIONS.
a. “Administrator(s)” means an administrator of an Authorized Learning Center.
b. “Authorized Learning Center(s)” means non-profit (or similarly situated) community technology learning centers (“CTLC(s)”), community centers, or such other entities or venues as Microsoft may designate as authorized for Use of the Microsoft “Digital Literacy Curriculum”.
c. “Authorized Training Session(s)” means those non-commercial training sessions using the Course materials conducted at or by Authorized Learning Centers for training persons in (a) basic computer and information technology skills and/or (b) the use of Microsoft technology, products, or services. Each Authorized Training Session shall provide training on the subject matter of one (1) or more Course(s) or portions thereof.
d. “Course” means one of the courses offered under the Microsoft Digital Literacy Curriculum, each of which provides training on a particular technology subject matter and consists of a learning component and an assessment.
e. “Curriculum” means any materials included in the “Digital Literacy Curriculum”. The Curriculum consists of five Courses, each of which provides training on a particular technology subject matter.
f. “Device(s)” means a single computer, device, workstation, terminal, or other digital electronic or analog device at an Authorized Learning Center.
g. “Document(s)” means the printed or electronic documentation such as assessments, manuals, workbooks, datasheets, and FAQs that may be included in the Licensed Content.
h. “Instructor(s)” means any person who is duly engaged by an Authorized Learning Center to teach or instruct Students in an Authorized Training Session.
i. “Instructor Content” means the Licensed Content accompanying these license terms and/or on the Web site that are for use by Instructors and Students, as applicable, solely during an Authorized Training Session.
j. “Licensed Content” means the learning materials for a particular Course that accompany these license terms. The Licensed Content may include, but is not limited to, the following elements: (i) Instructor Content, (ii) Student Course materials, (iii) media elements, (iv) documents, and (v) software. There are different and separate components of the Licensed Content for each Course.
k. “Self-Paced Training” means a Student program of self-training, at a Student’s own pace, without an Instructor, (a) on the subject matter of the Course(s) for the Authorized Training Session for which they are enrolled, using Devices at Authorized Learning Centers, or (b) for the online training sessions using a Course via the Web site and/or a Course that he/she has downloaded from the Web site and/or installed from a CD Using their own personal devices.
l. “Student(s)” means a student duly enrolled for an Authorized Training Session at the location of your Authorized Learning Center or a student accessing the Licensed Content from the Web site for purposes of Self-Paced Training.
m. “Student Content” means the learning materials accompanying these license terms that are for use by Students and Instructors during an Authorized Training Session. Student Content may include courseware files for a Course.
n. “Use” means the non-commercial use of the Licensed Content by a) Students solely to conduct Self-Paced Training and b) Instructors solely to conduct educational classes, labs, or related programs designed to train other Instructors and/or Students in the use of the technology, products, or services related to the subject matter of the Licensed Content and/or concepts related to such technology, products, or services. “Use” under these License Terms shall not include the use of the Licensed Content for general business or commercial purposes.
o. “You” means Authorized Learning Center(s), Administrator(s), Instructor(s), and/or Student(s), as applicable.
p. “Web site” means the Microsoft Web site which hosts the Licensed Content.
2. OVERVIEW.
a. Licensed Content. The Licensed Content includes software, Instructor Content, Student Content, and associated media.
b. License Model. The Licensed Content is licensed on a per copy per Authorized Learning Center location basis, per copy per Instructor basis, and/or on a per Student basis (if a Student accesses and Uses or downloads the Licensed Content from the Web site).
3. INSTALLATION AND USE RIGHTS.
a. Authorized Learning Centers, Administrators, and Instructors.
For each Authorized Training Session, you may:
i. either install individual copies of the relevant Licensed Content on classroom Devices only for use by Students enrolled in and the Instructor delivering the Authorized Training Session, provided that the number of copies in use does not exceed the number of Students enrolled in and the Instructor delivering the Authorized Training Session, OR
ii. install one copy of the relevant Licensed Content on a network server only for access by classroom Devices and only for use by Students enrolled in and the Instructor delivering the Authorized Training Session, provided that the number of Devices accessing the Licensed Content on such server does not exceed the number of Students enrolled in and the Instructor delivering the Authorized Training Session.
iii. and allow the Students enrolled in and the Instructor delivering the Authorized Training Session to use the Licensed Content that you install in accordance with (ii) or (ii) above during such Authorized Training Session in accordance with these license terms.
For Students’ Self-Paced Training, you may either
i. install individual copies of the Licensed Content of each Course on classroom Devices to be Used by the Students for Self-Paced Training, provided that the number of copies in Use does not exceed the number of duly enrolled Students for the subject matter of the Course; OR
ii. install one copy of the Licensed Content of each Course on a network server, provided that the number of Devices accessing such Licensed Content on such server does not exceed the number of Students enrolled for the subject matter of the Course, and provided further that such Authorized Learning Center provides a monitor in the classrooms in which the Licensed Content is installed during such times as the Authorized Learning Center allows Students to participate in Self-Paced Training.
b. Instructors: Instructors may:
i. Use the Licensed Content that you install or that is installed by an Authorized Learning Center or Administrator on a classroom Device to deliver an Authorized Training Session;
ii. and also Use a copy of the Licensed Content as follows:
A. Licensed Device. The licensed device is the device on which you Use the Licensed Content. You may install and Use one copy of the Licensed Content on the licensed device solely for your own personal training Use and for preparation of an Authorized Training Session.
B. Portable Device. You may install another copy on a portable device solely for your own personal training Use and for preparation of an Authorized Training Session.
c. Students: Students may:
i. Web Site Use. You may access and use one copy of the Licensed Content via the Web site only for your personal training and reference use.
ii. and also Use a copy of the Licensed Content as follows:
A. Licensed Device. The licensed device is the device on which you Use the Licensed Content. You may download, install and Use, only for your personal training and reference use, one copy of the Licensed Content on the licensed device.
B. Portable Device. You may install another copy on a portable device for Use by the single primary user of the licensed device, only for such primary user’s personal training and reference use.
d. Separation of Components. The components of the Licensed Content are licensed as a single unit. You may not separate the components and install them on different devices.
e. Third Party Programs. The Licensed Content may contain third party programs. These license terms will apply to the use of those third party programs, unless other terms accompany those programs.
4. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. Media Elements and Templates. Instructors and Students may Use images, clip art, animations, sounds, music, shapes, video clips and templates provided with the Licensed Content solely in an Authorized Training Session.
b. Use and Reproduction of Documents.
i. Authorized Learning Centers, Administrators, and Instructors.
Provided you comply with the terms of this agreement, you may print and/or reproduce a print version of (i) any Documents, or portions thereof, and/or (ii) the Course materials, or portions thereof, including reproduce a print version of the Course materials in their entirety. If you choose to reproduce the Document and/or Course materials, you agree that:
A. Such Documents or Course materials will be solely for Use in Authorized Training Sessions.
B. The Documents and/or Course materials will not be republished or posted on any network computer (except as expressly allowed in Section 3.3(a) above) or broadcast in any media.
C. Copies of the Documents, or portions thereof, will only be distributed to Students and Instructors for the subject matter of the Course for which Student is enrolled or for which Instructor is providing training, respectively.
D. Print versions of Course materials in their entirety, or portions thereof, will only be distributed to Instructors for the subject matter of the Course for which Instructor is providing training and/or to Students for the subject matter of the Course for which the Student is enrolled.
E. Any reproduction will include either the Course materials’ and/or Document’s original copyright notice or if no such copyright notice appears on the Document, a copyright notice to Microsoft’s benefit substantially in the format provided below.
ii. Students.
Provided you comply with the terms of this agreement, you may print and copy any Documents, or portions thereof, or the Course materials, or portions thereof. If you choose to reproduce the Document and/or Course materials, you agree that:
A. You will use such printed Documents and/or portions of Course materials only in conjunction with your personal training use.
B. You will not republish, post, broadcast, or transmit the Documents or Course materials to others or on a network.
C. You will include on each copy the Course materials’ and/or Document’s original copyright and trademark notices or a notice reading substantially as follows:
Form of Notice:
“© 2007. Reprinted with permission by Microsoft Corporation. All rights reserved.
Permission is granted to reproduce materials contained herein on the condition that such material be reproduced solely for use in conjunction with the Microsoft Digital Literacy Curriculum; and be provided to students and instructors as set forth in the Microsoft Corporation License Terms accompanying this Course.
Microsoft and Windows are either registered trademarks or trademarks of Microsoft Corporation in the US and/or other countries. Other product and company names mentioned herein may be the trademarks of their respective owners.”
c. Use of Instructor Content and Modifications to Licensed Content. For each Authorized Training Session, Authorized Learning Centers may allow Instructors to customize the Instructor Content, and Instructors and/or Administrators to customize the Student Content. Only Instructors may customize and reproduce, in accordance with this agreement, those portions of the Licensed Content that are logically associated with instruction of such Authorized Training Session. If you elect to exercise the foregoing rights, you will ensure that each Instructor or Administrator making such modifications agrees: (a) that any of these customizations or modifications will only be used for providing the relevant Authorized Training Session and (b) to comply with all other terms and conditions of this agreement.
For the Courses that are used in an Authorized Training Session,
i.Instructors may do the following:
customize or modify the Instructor Content (“modified version”) included with the Courses and use it to teach the Training Sessions that relate to that content and the subject matter of the Course.
ii.Instructors and Administrators may do the following:
1. make modified versions of those portions of the Student Content provided in Microsoft Word format provided that the modified versions:
1. will be used only for Instructor’s personal training or for providing an Authorized Training Session,
2. are clearly identified as being modified and not state or imply that Microsoft authored or endorsed them,
3. are not obscene, scandalous, or otherwise offensive,
4. will be technically and grammatically accurate,
5. the rights to modified versions are not transferred or assigned to any third party (other than as expressly allowed for Instructors in item 4.c.ii.B(3) below) without the express written permission of Microsoft,
6. may only be distributed to Students enrolled in an Authorized Training Session, or to other Instructors who
a. provide training on the subject matter of the Course that is the subject matter of the modified version and
b. are duly engaged as Instructors at the Authorized Learning Center.
2. reproduce, use, and distribute print versions of the modified versions, or portions thereof; however such print versions may only be:
1. used in an Authorized Training Session,
2. given to Students enrolled in and participating in the Authorized Training Session that is the subject matter of the Course,
3. given to other Instructors who teach the same Course at the Authorized Learning Center.
5. INTERNET-BASED SERVICES. Microsoft may provide Internet-based services with the Licensed Content. It may change or cancel them at any time. You may not use these services in any way that could harm them or impair anyone else’s use of them. You may not use the services to try to gain unauthorized access to any service, data, account or network by any means.
6. SCOPE OF LICENSE. The Licensed Content is licensed, not sold. This agreement only gives you some rights to use the Licensed Content. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the Licensed Content only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the Licensed Content that only allow you to use it in certain ways. You may not
· install more copies of the Licensed Content on classroom Devices than the number of Students and the Instructor in the Authorized Training Session;
· allow more classroom Devices to access the server than the number of Students enrolled in and the Instructor delivering the Authorized Training Session if the Licensed Content is installed on a network server;
· copy or reproduce the Licensed Content to any server or location for further reproduction or distribution;
· work around any technical limitations in the Licensed Content;
· reverse engineer, decompile or disassemble the Licensed Content, except and only to the extent that applicable law expressly permits, despite this limitation;
· make more copies of the Licensed Content than specified in this agreement or allowed by applicable law, despite this limitation;
· distribute more printed copies of the Licensed Content than specified in this agreement or allowed by applicable law, despite this limitation;
· make any modifications to the Licensed Content except as provided in this agreement;
· publish the Licensed Content for others to copy;
· transfer the Licensed Content, in whole or in part, to a third party;
· rent, lease or lend the Licensed Content; or
· use the Licensed Content for commercial hosting services or general business purposes.
7. EXPORT RESTRICTIONS. The Licensed Content is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Licensed Content. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
8. NOT FOR RESALE SOFTWARE/LICENSED CONTENT. You may not sell software or Licensed Content marked as “NFR” or “Not for Resale” and/or provided at no charge to you.
9. UPGRADE. If the Licensed Content is marked as an upgrade version, you may use it only if you have a license to use the Licensed Content eligible for upgrade. If you upgrade, this Licensed Content takes the place of the earlier version, and this agreement takes the place of the agreement for that earlier version. You may not use the earlier version after you upgrade.
10. TERMINATION. Without prejudice to any other rights, Microsoft may terminate this agreement if you fail to comply with the terms and conditions of these license terms. Upon any termination of this agreement, you must destroy all copies of the Licensed Content and all of its component parts.
11. SUPPORT SERVICES. Contact dlhelp@microsoft.com for support services for the Licensed Content.
12. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the Licensed Content and support services.
13. APPLICABLE LAW.
a. United States. If you acquired the Licensed Content in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the Licensed Content in any other country, the laws of that country apply.
14. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the Licensed Content. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
15. DISCLAIMER OF WARRANTY. The Licensed Content is licensed “as-is.” You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
16. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
· anything related to the Licensed Content, software, services, content (including code) on third party Internet sites, or third party programs; and
· claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
Please note: As this Licensed Content is distributed in Quebec, Canada, some of the clauses in this agreement are provided below in French.
Remarque : Ce le contenu sous licence étant distribué au Québec, Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français.
EXONÉRATION DE GARANTIE. Le contenu sous licence visé par une licence est offert « tel quel ». Toute utilisation de ce contenu sous licence est à votre seule risque et péril. Microsoft n’accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la protection dues consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualité marchande, d’adéquation à un usage particulier et d’absence de contrefaçon sont exclues.
LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices.
Cette limitation concerne:
· tout ce qui est relié au le contenu sous licence, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers ; et
· les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d’une autre faute dans la limite autorisée par la loi en vigueur.
Elle s’applique également, même si Microsoft connaissait ou devrait connaître l’éventualité d’un tel dommage. Si votre pays n’autorise pas l’exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l’exclusion ci-dessus ne s’appliquera pas à votre égard.
EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d’autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre pays si celles-ci ne le permettent pas.
Information in this document, including URL and other Internet Web site references, is subject to change without notice. Unless otherwise noted, the example companies, organizations, products, domain names, e-mail addresses, logos, people, places, and events depicted herein are fictitious, and no association with any real company, organization, product, domain name, e-mail address, logo, person, place or event is intended or should be inferred. Complying with all applicable copyright laws is the responsibility of the user. Without limiting the rights under copyright, no part of this document may be reproduced, stored in or introduced into a retrieval system, or transmitted in any form or by any means (electronic, mechanical, photocopying, recording, or otherwise), or for any purpose, without the express written permission of Microsoft Corporation.
The names of manufacturers, products, or URLs are provided for informational purposes only and Microsoft makes no representations and warranties, either expressed, implied, or statutory, regarding these manufacturers or the use of the products with any Microsoft technologies. The inclusion of a manufacturer or product does not imply endorsement of Microsoft of the manufacturer or product. Links are provided to third party sites. Such 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 of Microsoft of the site or the products contained therein.
Microsoft may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in this document. Except as expressly provided in any written license agreement from Microsoft, the furnishing of this document does not give you any license to these patents, trademarks, copyrights, or other intellectual property.
© 2007 Microsoft Corporation. All rights reserved.
Microsoft, Access, BitLocker, Encarta, Excel, Expression, Hotmail, Internet Explorer, MSN, PowerPoint, Silverlight, Windows, Windows Live, Windows Media, Windows Vista, Xbox, and Xbox360 are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries.
All other trademarks are property of their respective owners.
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