Software License Agreement
MSN Member Agreement 7 as of 06/13/00
DAMAGES. MICROSOFT'S LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT IS LIMITED TO THE
AMOUNT ACTUALLY PAID BY YOU TO MICROSOFT FOR ACCESS TO AND USE OF MSN. YOU HEREBY
RELEASE MICROSOFT FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS
LIMITATION. 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 MSN, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO NOT SIGN UP FOR AN MSN ACCOUNT OR TO TERMINATE
YOUR MSN ACCOUNT.
8. Indemnification
. You agree to indemnify and hold Microsoft, its parents, subsidiaries, members, affiliates, officers
and employees, harmless from any claim, demand, or damage, including costs and reasonable attorneys' fees, asserted by any
third party due to or arising out of your use of or conduct on MSN. Microsoft will notify you within a reasonable period of
time of any claim for which Microsoft seeks indemnification and will afford you the opportunity to participate in the defense
of such claim, provided that your participation will not be conducted in a manner prejudicial to Microsoft's interests, as reason-
ably determined by Microsoft.
9. Notices; Consent
. Notices given by Microsoft to you may be given by e-mail via MSN, by a general posting on
MSN, or by conventional mail. Notices given by you to Microsoft must be given by e-mail via MSN and addressed as set
forth in MSN's Member Services area, or by conventional mail. Notices to MSN by conventional mail must be sent to The
Microsoft Network, L.L.C., Attention: Member Services, One Microsoft Way, Redmond, WA 98052-6399, USA.
10. No “Spam”; Damages
.
Microsoft may immediately terminate any account that it determines, in its sole discretion, is transmitting or is otherwise con-
nected with any “spam” or other unsolicited bulk e-mail. In addition, because damages are often difficult to quantify, if actual
damages cannot be reasonably calculated, you agree to pay Microsoft liquidated damages of five dollars (U.S. $5.00) for each
piece of “spam” or unsolicited bulk e-mail transmitted from or otherwise connected with your account. Otherwise you agree
to pay Microsoft's actual damages, to the extent such actual damages can be reasonably calculated. You agree that Microsoft
may charge such damages to your Designated Account, your designated credit card or other account specified by you for pay-
ment of MSN charges.
11. General
.
11.1 Except where prohibited by applicable law, this Agreement is governed by the laws of the State of Washing-
ton, USA, and you consent to the exclusive jurisdiction and venue of courts in King County, Washington for all disputes aris-
ing out of or relating to your use of MSN or your MSN membership. Use of MSN is unauthorized in any jurisdiction that does
not give effect to all provisions of these terms and conditions including, without limitation, this paragraph.
11.2 You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you
and Microsoft as a result of your use of MSN or your MSN membership. You agree not to represent yourself to be a represen-
tative, agent, or employee of Microsoft, and that Microsoft will not be liable by reason of any representation, act or omission