Updated: February 2016
We may make features of the Web Site available on a Preview basis. Previews are provided “AS-IS” and subject to the warranty disclaimers below. Previews may be subject to reduced or different security, compliance, privacy, availability, reliability, and support commitments, as further explained in the Agreement, and any additional notices provided with the Preview. We may change or discontinue Previews at any time without notice. We also may choose not to release a Preview into “General Availability,” and if we do make Previews “Generally Available” we may charge for any such features.
Permitted and Prohibited Uses
User may use the Web Site for the sole purpose of sharing and exchanging PowerShell Modules through a Submission or Download of said Modules, which package and deploy Windows PowerShell functionalities, and can include without limitation, script modules, binary modules, manifest modules, and dynamic modules. User may not use the Web Site to violate any applicable local, state, national, or international law, including without limitation any applicable laws relating to antitrust or other illegal trade or business practices, federal and state securities laws, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any U.S. laws, rules, and regulations governing the export and re-export of commodities or technical data. User may not upload or transmit any material that infringes or misappropriates any person's copyright, patent, trademark, or trade secret, or disclose via the Web Site any information the disclosure of which would constitute a violation of a confidentiality obligation on User's part. User may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject the Web Site's network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the Web Site. User is strictly prohibited from communicating on or through this site any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
Microsoft Software. You may need Microsoft software (such as, agent software, product software, sample code, preview software, or other software or tools) in order to use or access the Web Site (“Microsoft Software”). Such Microsoft Software is governed by the license terms accompanying such software. If the Microsoft Software is provided with its own license terms, those terms control. If the Microsoft Software does not have its own license terms, then you may install and use any number of copies of the Microsoft Software to design, develop, and test your programs on devices.
Third Party Programs. Third party programs accessible on the Web Site is made available by the designated publisher under the associated license terms. If third party programs are accessible on the Web Site without license terms, then any such third party programs without license terms may be used under the terms of the Microsoft Limited Public License attached as Exhibit A. You are solely responsible for any third party software that you install, connect, or use with the Web Site. We will not run or make any copies of such third party software outside of our relationship with you. You may only install or use any third party software with the Web Site in a way that does not subject our intellectual property or technology to any terms governing such software. We are not a party to and are not bound by any terms governing your use of any third party software. We do not grant any licenses or rights, express or implied, to such third party software.
Scope of Rights. All Microsoft Software are the copyrighted works of Microsoft or its suppliers. All Microsoft Software are licensed not sold and may not be transferred unless specified otherwise in any license terms provided with the Microsoft Software. Rights to access Microsoft Software on any device do not give you any right to implement Microsoft patents or other Microsoft intellectual property in software or devices that access that device.
Excluded License. User agrees not to share software on the Web Site that is subject to an Excluded License. An Excluded License is one that requires, as a condition of license, use, modification, distribution or conveyance, that (a) the code be disclosed or distributed in source code form; (b) others have the right to modify or create derivative works of it; and/or (c) it becomes redistributable at no charge.
All Microsoft Content (documents, photographs, videos, or other content provided by Microsoft or its suppliers) is 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 Microsoft Content. If the Microsoft Content does not include a license agreement, then you may make a reasonable number of copies of the Microsoft Content for your internal use in designing, developing, and testing your software, products and services that is made available to you on, or in conjunction with, the Web Site without a license agreement. You must preserve the copyright notice in all copies of the Microsoft Content and ensure that both the copyright notice and this permission notice appear in those copies.
Security, Privacy, and Customer Data
Security. We maintain technical and organizational measures, internal controls, and data security routines intended to protect Customer Data (as defined below) against accidental loss or change, unauthorized disclosure or access, or unlawful destruction.
Privacy and data location. We treat Customer Data (as defined below) in accordance with the terms herein and our Privacy Statement, which is located at http://www.microsoft.com/privacystatement/en-us/core/default.aspx. For purposes of this Agreement, “Customer Data” means any data (whether in document, photographic, textual, or audio-visual format), including all text, sound, software, or image files, that are provided to us by, or on behalf of, you through your use of the Web Site for use by you, your authorized users, or third parties. Customer Data does not include any content, data, comments, feedback, information or materials that you provide via the Web Site for public access or Download. We may transfer to, store, and process Customer Data in the United States or in any country where we or our affiliates or subcontractors have facilities used for the Web Site. You will obtain any necessary consent or rights from end users or others whose data or personal information or other data we may have access to when you make a Submission of a PowerShell Module to the Web Site.
Rights to Provide Customer Data. You are solely responsible for your Customer Data. You must have, and you hereby grant us, sufficient rights to use and distribute Customer Data (including Customer Data sourced from third parties) necessary for us to provide you the Web Site without violating the rights of any third party, or otherwise obligating Microsoft to you or to any third party. We do not assume any additional obligations that may apply to Customer Data except as required by applicable law.
Ownership of Customer Data. Except for Microsoft Software and Microsoft Content we license to you, as between the parties, you retain all right, title and interest in and to Customer Data. We acquire no rights in Customer Data other than as described in this section.
Use of Customer Data. We may use Customer Data to provide the Web Site. This use may include troubleshooting to prevent, find and fix problems with the operation of the Web Site and ensuring compliance with this Agreement. It may also include: providing you with suggestions to help you discover and use functionality within the Web Site; improving the features of the Web Site; and otherwise use patterns, trends, and other statistical data derived from Customer Data to provide, operate, maintain, and improve Web Site and our products and services. We will not use Customer Data or derive information from it for any (1) advertising or (2) other commercial purposes (beyond providing you with the Web Site) without your consent.
Third party requests of Customer Data. We will not disclose Customer Data to a third party (including law enforcement, other government entity, or civil litigant, but excluding our subcontractors) except as you direct or unless required by law. We will ask any third party demanding access to your Customer Data to contact you directly using your basic contact information. We will promptly notify you and provide a copy of the demand unless legally prohibited. You are responsible for responding to requests by a third party regarding your use of the Web Site.
Subcontractors. We may hire other companies to provide limited services on our behalf, such as customer support. Any such subcontractors will be permitted to obtain Customer Data only to deliver the services we have retained them to provide. We remain responsible for our subcontractors' compliance with the obligations set forth in this Agreement.
Compliance with law. We will comply with all laws applicable to our provision of the Web Site, including applicable security breach notification laws, but not including any laws applicable to you or your industry that are not generally applicable to information technology services providers. You will comply with all laws applicable to your Customer Data, and use of the Web Site, including any laws applicable to you or your industry.
Claims of infringement. We will inform you if we receive notice claiming that your usage of the Web Site infringes a third party's intellectual property rights, and in such instances we may provide your basic contact information to the third party. You agree that you will promptly respond to such complaints.
Customer Registration, Customer Conduct, Identity services, and Feedback
Customer registration. If the use of the Web Site requires you to register as a User (e.g., if you desire to publish a Submission), you must complete the registration process by providing us with current, complete and accurate information. You may not select a user name or identifier that impersonates someone else, is or may be illegal, or may be protected by trademark or other proprietary rights, is vulgar or offensive or may cause confusion. We reserve the right to reject and/or reassign these user names and Web Site identifiers in our sole discretion.
Responsibility for your activities. You are responsible for: any and all activities that occur under your registration; maintaining the confidentiality of any non-public authentication credentials associated with your use of the Web Site; and promptly notifying our customer support team about any possible misuse of your accounts or authentication credentials, or any security incident related to the Web Site.
Your conduct and the availability of third party content and links to third party content. For any public, community interaction you undertake on the Web Site, you must follow any applicable Rules of Conduct, or in the absence of such Rules, comply with the terms of this Agreement. We have no obligation to monitor the content and communications of third parties on the Web Site; however, we reserve the right to review and remove any such materials posted to the Web Site in our sole discretion. Third parties that participate on the Web Site are not authorized Microsoft spokespersons, and their views do not necessarily reflect those of Microsoft.
Identity usage across the Web Site. In connection with the Web Site, we may provide services that supplement the Web Site and/or Microsoft Software and rely upon your user ID obtained through your registration, or other identity mechanism. We may use this information to identify you and authorize access to Microsoft Content, Microsoft Software, and other resources across the Web Site.
Submissions and feedback. We do not claim ownership of any Submission unless otherwise agreed to by the parties. However, by providing a Submission, you are irrevocably granting Microsoft and its affiliates the right to make, use, modify, distribute and otherwise commercialize the Submission in any way and for any purpose (including by granting the general public the right to use your Submissions in accordance with this Agreement, which may change over time). For Submissions provided to the Web Site you further grant the right to publish specific identifying information detailed in the Privacy Statement in connection with your Submission. These rights are granted under all applicable intellectual property rights you own or control. No compensation will be paid with respect to the use of your Submissions. Microsoft is under no obligation to post or use any Submission, and Microsoft may remove any Submission at any time. By providing a Submission you warrant that you own or otherwise control all of the rights to your Submission and that your Submission is not subject to any rights of a third party (including any personality or publicity rights of any person).
Services accessible only to invited customers. Elements of the Web Site may be accessible to you on an invitation only basis, for example as part of a program for using the Web Site on a preview or pre-release basis and providing feedback to us (e.g., through a designated web portal). Those specified Web Site elements are confidential information of Microsoft. You may not disclose this confidential information to any third party for a period of five (5) years. This restriction does 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 us enough prior notice to provide a reasonable chance to seek a protective order.
Feedback. You can provide voluntary feedback, comments, and suggestions (“Feedback”) to us by clicking on the “Contact Us” button on the Web Site and sending an e-mail or providing your Feedback through the Connect site at the following link: http://connect.microsoft.com/PowerShell. You license to Microsoft without charge all intellectual property or other rights necessary for Microsoft to use, share, and commercialize in any way or for any purpose any Feedback about the Web Site.
Microsoft does not want to receive confidential or proprietary information from User through the Web site. Any material, information, or other communication User transmits or posts ("Communications") to the Web Site will be considered non-confidential and non-proprietary and Microsoft will be under no obligation of any kind with respect to such information. Microsoft will be free to reproduce, make derivative works from, use, disclose, and distribute the Communications to others without limitation. At our sole election, Microsoft may provide authorship attribution by listing User's name. The foregoing, however, shall not apply to any Microsoft PowerShell Modules that User shares using the Web Site, which will be governed by, and will be treated by Microsoft in accordance with, their respective license terms if included.
Use of Personally Identifiable Information.
Information submitted to the Web Site is governed according to Microsoft's then-current Privacy Statement, which is located at the following link: http://www.microsoft.com/privacystatement/en-us/core/default.aspx.
User agrees to provide true, accurate, current, and complete information when registering with the Web Site. It is User's responsibility to maintain and promptly update this registration information to keep it true, accurate, current, and complete. If User provides any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your ability to publish Submissions to the Web Site without notice and to refuse any and all current and future use of this site.
Although sections of the site may be viewed or used simply by visiting the site, in order to publish a Submission to the Web Site, or access some content and/or additional features offered at the Web Site, you may need to register as a member of the Web Site. If you register yourself as a user on the Web Site, you may be asked to supply your name, address, a User ID and password. You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur in connection with your password on the Web Site. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. You further agree that you will not permit others to access this site using your User ID. You grant Microsoft, its affiliated companies, and all other persons or entities involved in the operation of the Web Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Web site and in the provision of services to you. Microsoft cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using the Web site. To learn more about how we protect the privacy of the personal information, please read our Privacy Statement at the link referenced at the beginning of this section.
User agrees to defend, indemnify and hold harmless Microsoft, its employees, directors, officers, affiliated companies, agents, vendors or suppliers from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or related to your use or misuse of the Web Site and/or associated services and materials, including, without limitation, User's violation of this Agreement, the infringement by User, or any other subscriber or user of your User ID, of any intellectual property right or other right of any person or entity.
This Agreement is effective until terminated by either party. If User no longer agrees to be bound by this Agreement, User must cease use of the Web Site. If User is dissatisfied with this Web Site, its content, or any of these terms, conditions, and policies, User's sole legal remedy is to discontinue using the Web Site. Microsoft reserves the right to terminate or suspend your access to and use of this site, or parts of this site, without notice, if we believe, in our sole discretion, that such use is (i) in violation of any applicable law; (ii) is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity; or (iii) where Microsoft has reason to believe that User is in violation of the Agreement, or any part of the Agreement.
THE WEB SITE (INCLUDING THE ASSOCIATED SERVICES AND MATERIALS) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MICROSOFT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. MICROSOFT MAKES NO REPRESENTATIONS OR WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MICROSOFT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE. MICROSOFT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEB SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON, OR AS PART OF THE WEB SITE.
IN NO EVENT SHALL MICROSOFT OR ANY OF ITS AFFILIATED COMPANIES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THE WEB SITE, EVEN IF MICROSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF CONTENT. MICROSOFT SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN OR APPEARING ON THE WEB SITE. YOUR PARTICIPATION IN THE WEB SITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MICROSOFT OR THROUGH MICROSOFT, ITS EMPLOYEES, OR THIRD PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEB SITE, THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL MICROSOFT OR ANY OF ITS AFFILIATED COMPANIES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO USER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEB SITE OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR FOR ANY INFORMATION OBTAINED THROUGH THE WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF MICROSOFT HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
MICROSOFT'S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE WEB SITE WILL NOT EXCEED FIVE HUNDRED U.S. DOLLARS ($500.00). USER AGREES AND ACKNOWLEDGES THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT MICROSOFT WOULD NOT PROVIDE THE WEB SITE ABSENT SUCH LIMITATION.
Microsoft headquarters is based in the United States. Microsoft makes no claims that the content on the Web Site is appropriate or may be downloaded outside of the United States. Access to the content may not be legal by certain persons or in certain countries. If you access the Web Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the laws of the State of Washington. A party may give notice to the other party only in writing at that party's principal place of business, attention of that party's principal legal officer, or at such other address or by such other method as the party shall specify in writing. Notice shall be deemed given upon personal delivery or facsimile, or, if sent by certified mail with postage prepaid, five (5) business days after the date of mailing, or, if sent by international overnight courier with postage prepaid, seven (7) business days after the date of mailing. If any provision herein is held to be unenforceable, the remaining provisions will continue in full force without being affected in any way. Further, the parties agree to replace such unenforceable provision with an enforceable provision that most closely approximates the intent and economic effect of the unenforceable provision. Section headings are for reference purposes only and do not define, limit, construe or describe the scope or extent of such section. The failure of Microsoft to act with respect to a breach of this Agreement by User or others does not constitute a waiver and shall not limit Microsoft's rights with respect to such breach or any subsequent breaches. Any action or proceeding arising out of or related to this Agreement or User's use of this site must be brought in the state or federal courts of the State of Washington, and User consents to the exclusive personal jurisdiction and venue of such courts. Any cause of action you may have with respect to your use of this site must be commenced within one (1) year after the claim or cause of action arises. The Agreement sets forth the entire understanding and agreement of the parties, and supersedes any and all oral or written agreements or understandings between the parties, as to their subject matter. The waiver of a breach of any provision of this Agreement shall not be construed as a waiver of any other or subsequent breach.
Links to Other Materials
The Web Site may contain links to sites owned or operated by independent third parties. These links are provided for your convenience and reference only. We do not control such sites and, therefore, we are not responsible for any content posted on these sites. The fact that Microsoft offers such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site, its content or the companies or products referenced therein, and Microsoft reserves the right to note its lack of affiliation, sponsorship, or endorsement on this site. If you decide to access any of the third party sites linked to the Web Site, you do this entirely at your own risk. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, Microsoft cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third party sites, and you hereby irrevocably waive any claim against us with respect to such sites.
Notification of Possible Copyright Infringement
Notification of Possible Copyright Infringement. In the event you believe that material or content published on the site may infringe on your copyright or that of another, please utilize the following link: https://www.microsoft.com/info/cpyrtInfrg.aspx, and follow the instructions.
This license governs use of software available on this web site without a license agreement, as provided under the section above titled “SOFTWARE LICENSE TERMS.” If you use such code (the “software”), you accept this license. If you do not accept the license, do not use the software.
The terms “reproduce,” “reproduction,” “derivative works,” and “distribution” have the same meaning here as under U.S. copyright law.
A “contribution” is the original software, or any additions or changes to the software.
A “contributor” is any person that distributes its contribution under this license.
“Licensed patents” are a contributor's patent claims that read directly on its contribution.
Grant of Rights
Copyright Grant - Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royalty-free copyright license to reproduce its contribution, prepare derivative works of its contribution, and distribute its contribution or any derivative works that you create.
Patent Grant - Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royalty-free license under its licensed patents to make, have made, use, sell, offer for sale, import, and/or otherwise dispose of its contribution in the software or derivative works of the contribution in the software.
Conditions and Limitations
No Trademark License- This license does not grant you rights to use any contributors' name, logo, or trademarks.
If you bring a patent claim against any contributor over patents that you claim are infringed by the software, your patent license from such contributor to the software ends automatically.
If you distribute any portion of the software, you must retain all copyright, patent, trademark, and attribution notices that are present in the software.
If you distribute any portion of the software in source code form, you may do so only under this license by including a complete copy of this license with your distribution. If you distribute any portion of the software in compiled or object code form, you may only do so under a license that complies with this license.
The software is licensed “as-is.” You bear the risk of using it. The contributors give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this license cannot change. To the extent permitted under your local laws, the contributors exclude the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Platform Limitation - The licenses granted in sections 2(A) and 2(B) extend only to the software or derivative works that you create that run on a Microsoft Windows operating system product.