This document governs your use of Microsoft software, which may include related software, media, printed materials, and electronic or online documentation (individually and collectively referred to as “Products”) provided by SKYMAIL SERVICOS DE COMPUTACAO E PROVIMENTO DE INFORMACAO DIGITAL LTDA (hereinafter referred to as “Skymail”). Skymail does not own the Products, and your use of them is subject to rights and limitations, which Skymail will notify you of. Your right to use the Products is subject to the terms of your agreement with Skymail and your understanding of, compliance with, and consent to the following terms and conditions, which Skymail has no authority to vary, alter, or amend.
1 – DEFINITIONS
“Client Software” means software installed on a Device that enables the Device to access or use the Products.
“Device” means each computer, workstation, terminal, portable PC, pager, personal digital assistant, smartphone, server or any other hardware that allows the End Customer to interact with the Product.
“End Customer” means an individual or legal entity that purchases Software Services directly from Skymail or indirectly through a Software Services Reseller.
“Redistribution Software” means the software described in Paragraph 4 below (“Use of Redistribution Software”).
“Software Services” means services that Skymail provides to you that make available, display, run, access, or otherwise interact, directly or indirectly, with the Products. Skymail shall provide such services from data center(s) over the Internet, a telephone network, or private network, rental, subscription, or service provision, regardless of whether Skymail receives compensation. Software Services exclude any service that involves installing a Product directly on any equipment in order to allow an End Customer to interact with the Product.
2 – PRODUCT OWNERSHIP
The Products are licensed to Skymail by an affiliate of Microsoft Corporation (collectively, “Microsoft”). Microsoft Products are protected by copyright laws and other intellectual property rights. The Products and other Product elements, including but not limited to any images, photographs, animations, video, audio, music, text, and applets incorporated into the Products, are the property of Microsoft and its suppliers. You may not remove, modify, or omit any trademark, copyright, or other proprietary rights notices contained in or on the Products. The Products are protected by copyright laws and international copyright treaties, as well as other international intellectual property laws and treaties. Your possession, access, or use of the Products does not transfer to you any ownership of the Products or any intellectual property rights.
3 – USE OF CLIENT SOFTWARE
You may use the Client Software installed on your Devices only in accordance with your agreement with Skymail and the terms herein and only in connection with the Software Services provided to you by Skymail. The terms herein permanently and irrevocably supersede the terms of any Microsoft End User License Agreement that may be presented to you in electronic form during installation and/or use of the Client Software.
4 – USE OF REDISTRIBUTION SOFTWARE
In connection with the Software Services provided by Skymail, you may have access to certain “sample,” “redistributable,” and/or development software code and tools (individually and collectively referred to as “Redistribution Software”). You may use, copy, and/or install the Redistribution Software only in accordance with the terms of your agreement with Skymail and the terms of this document and/or your agreement with Skymail.
5 – COPIES
You may not make any copies of the Products. However, you may (a) make one copy of the Client Software on your Equipment as expressly authorized by Skymail and (b) make copies of certain Redistribution Software in accordance with Paragraph 4 (“Use of Redistribution Software”). You must delete or destroy all Client Software and/or Redistribution Software upon termination or cancellation of your agreement with Skymail, upon notice from Skymail, or transfer of your Equipment to another individual or entity, whichever occurs first. You may not copy any printed materials accompanying the Products.
6 – LIMITATION ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY
You may not reverse engineer, decompile, or disassemble the Products, except to the extent applicable law expressly permits such activity, and then only to the extent permitted by such law, notwithstanding this limitation.
7 – RENTAL PROHIBITION
You may not rent, lease, loan, pledge, sublicense, or otherwise transfer or distribute, directly or indirectly, the Products to any third party, nor may you permit any third party to access and/or use the functionality of the Products except for the sole purpose of accessing the functionality of the Products in the form of Software Services in accordance with the terms of this agreement and any agreements entered into between you and Skymail.
8 – TERMINATION
Without prejudice to any other rights, Skymail has the right to terminate your rights to use the Products if you fail to comply with the terms and conditions set forth herein. In the event of termination or cancellation of the agreement between you and Skymail or the agreement governing the licensing of the Products between Skymail and Microsoft, you must cease use of and/or access to the Products and destroy all copies of the Products and all of their component parts within thirty (30) days of the end of your agreement with Skymail.
9 – NO WARRANTIES, LIABILITY OR REMEDIES BY MICROSOFT
Microsoft disclaims, to the extent permitted by applicable law, all warranties and liability for damages by Microsoft and any liability of Microsoft or its suppliers for any damages and remedies, whether direct, indirect, or consequential, arising from the use of the Software Services. Any such warranty or liability is provided solely by Skymail and not by Microsoft, its affiliates, or subsidiaries.
10 – PRODUCT SUPPORT
Any support for the Software Services is provided to you by Skymail or a third party on Skymail’s behalf and is not provided by Microsoft, its suppliers, affiliates or subsidiaries.
11 – FAULT TOLERANCE/PROTECTION
The Products are not fault-tolerant and cannot be guaranteed to be error-free or to operate uninterruptedly. You must not use the Products in any application or situation where their failure could lead to death or serious bodily harm, or severe physical or environmental damage (“High Risk Use”).
12 – EXPORT RESTRICTIONS
Products are subject to U.S. export control. Skymail agrees to comply with all applicable laws, including the U.S. Export Administration Regulations and the International Traffic in Arms Regulations, as well as end-user, end-use, and destination restrictions issued by the United States and other governments. For more information, see http://www.microsoft.com/exporting/.
13 – LIABILITY FOR VIOLATION
In addition to any liabilities you may have to Skymail, you agree that you will be legally responsible to Microsoft for any violation of these terms and conditions.
14 – DISCLOSURE OF INFORMATION
You must allow Skymail to disclose any information Microsoft requests under the Skymail Agreement. Microsoft will be a third-party beneficiary of your agreement with Skymail, with the right to enforce provisions of your agreement with Skymail and verify your compliance.