Windows Media Center for Windows 8
Electronic Programming Guide Terms Of Service
Version 5.1
Updated March 2012

The Microsoft software product identified above, which includes computer software and may include associated media, printed materials, “online” or electronic documentation, and Internet-based services (the “Product”) provides access to an electronic programming guide service (the “EPG”).  The EPG displays customized television listings, in-band program information, and other related data through use of the Product.

Binding Agreement.  The EPG is provided to you by Microsoft Corporation (“Microsoft”), One Microsoft Way, Redmond WA 98052, United States, conditioned on your acceptance without modification of the terms and conditions contained in this Electronic 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 AGREEMENT.  Your registration and use of the EPG constitutes your acceptance of the terms and conditions set forth in this Agreement.  If you accept these terms and conditions we recommend that you print a copy for your records.  IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE SELECT THE “I don’t agree” BUTTON AFTER YOU HAVE COMPLETED YOUR REVIEW OF THIS AGREEMENT.  Microsoft may prove your agreement or consent to the terms and conditions of this Agreement in any manner, including without limitation, by showing that a procedure existed 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 TIME, IN ITS SOLE DISCRETION, BY PROVIDING YOU NOTICE OF MODIFICATIONS IN THE MANNER DETAILED BELOW.  This includes any and all changes to subscription fees, service operation and user rights and responsibilities.  YOUR CONTINUED USE OF THE EPG FOLLOWING ANY SUCH NOTICE SHALL CONSTITUTE YOUR ACCEPTANCE OF THE MODIFIED AGREEMENT.  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 CONTROLLING AND EFFECTIVE AGREEMENT REGARDLESS OF ANY INCONSISTENCIES WITH THIS TERMS OF SERVICE OR THE TERMS OF SERVICE DISPLAYED WHEN YOU PERFORM THE STEPS SET FORTH UNDER TERMINATION OF SERVICE IN THIS AGREEMENT.

Registration for the Electronic Programming Guide Service.  You represent and warrant that you are 18 years of age or older (or the age of majority in the jurisdiction 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 subscription 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 person using the EPG under your registration.  

Use of the Electronic Programming Guide Service.  The EPG may only be accessed with an authorized personal computer using the Product.  The EPG is offered solely for your personal and non-commercial use.  Any commercial use of the EPG, or the resale or redistribution of any of its services or content, is expressly prohibited.  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 the 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 subscription provided that you remain liable for their compliance with the terms and conditions of this Agreement.  
When you use the Program Guide, it collects and provides information to Microsoft regarding the operation of the television listings that were downloaded from Microsoft to your computer ("Program Guide-related information"). This information 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, DAMAGE, COST OR EXPENSE, INCLUDING REASONABLE LEGAL AND ATTORNEYS’ FEES, ASSERTED AGAINST OR CAUSED MICROSOFT FROM A THIRD PARTY ARISING OUT OF OR RELATED TO YOUR USE 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 parties 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, Microsoft 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.  This includes fees paid to an Internet service provider, any long distance telephone toll charges associated with connecting to the Internet via such Internet service provider, and any equipment charges.

Termination of Service.  You may terminate your use of the EPG at any time as follows: 
1. On the Windows Media Center Start screen, begin the TV Setup wizard. Depending on your system, select Tasks > Settings > TV > Set Up TV Signal, or select 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 select 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 current. For the current version that is in effect, see the Terms of Service Agreement 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 subscription at any time in the event you do not comply with all of the terms and conditions 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 REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND; (II) YOUR USE OF THE EPG IS AT YOUR OWN RISK; (III) MICROSOFT MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, 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 CONTAINED WITHIN THE EPG; (V) MICROSOFT MAKES NO REPRESENTATIONS,  WARRANTIES OR CONDITIONS, 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 HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THE EPG, INCLUDING WITHOUT LIMITATION, DUTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, WORKMANLIKE EFFORT, LACK OF VIRUSES, LACK OF NEGLIGENCE, TITLE, NON-INFRINGEMENT AND THE PROVISION OF OR FAILURE TO PROVIDE 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 ARISING 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 SHALL APPLY REGARDLESS OF WHETHER THE THEORY OF LIABILITY IS BASED ON CONTRACT (INCLUDING FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT, NEGLIGENCE, EXTRA-CONTRACTUAL LIABILITY, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT MICROSOFT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES.  MICROSOFT’S LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT IS LIMITED TO THE AMOUNT 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 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 THE EPG, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO NOT REGISTER FOR THE EPG OR TO TERMINATE YOUR USE OF THE EPG.

Notice of Changes to this Agreement.  Microsoft will notify you of changes to this 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 “Terms of Service” for the EPG that is maintained on the World Wide Web.  You must select 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 changes made to this Agreement are unacceptable to you, you must immediately terminate your use of the EPG by following the instructions listed under Termination of Service in this Agreement.

Notices to Microsoft.  If you have questions or comments regarding this Agreement or otherwise need to provide notice to Microsoft with respect to this Agreement, you must contact Microsoft by contacting technical support as described in “Help” 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 prohibited by law in jurisdictions outside of the United States.  All other claims, including without limitation claims under or for violation of state or provincial consumer protection laws, unfair competition laws, and in tort, shall be adjudicated under the law of your state or jurisdiction of residence.  To the maximum extent allowed by law, you hereby irrevocably consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising 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 and conditions including, without limitation, this paragraph.

Enforcement.  If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.  Microsoft’s 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 MICROSOFT 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 contractual significance.  A printed copy of this Agreement and of any of Microsoft’s other electronic records shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

Entire Agreement.  This Agreement constitutes the entire agreement between Microsoft and you with respect to your use of the EPG and it supersedes all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral or written, between Microsoft and you with respect to the EPG only.  Microsoft may assign this Agreement, in whole or in part, to any third party at any time with or without notice to you.  You may not assign or transfer this Agreement.

Performance Subject to Law.  Microsoft’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Microsoft’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the EPG or information provided to or gathered by Microsoft with respect to such use.

Agreement Drawn in English.  The parties to this Agreement confirm that it is their wish that this Agreement, as well as all other documents relating to it, have 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 providers in other languages, either orally or in printed form, shall be resolved in favor of this English language version.  Les parties aux présentes confirment leur volonté que cette convention, de même que tous les documents qui s’y rattachent, soient rédigés 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 Microsoft products and services referenced herein are either trademarks or registered trademarks of Microsoft.  Any rights not expressly granted herein are reserved.  

Notices and Procedure for Making Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. For details and contact information see Notice and Procedure for Making Claims of Copyright Infringement at http://www.microsoft.com/info/cpyrtInfrg.htm.

END OF AGREEMENT

