Q127147: Baseball 1995 BBLEGAL.TXT (Subscription Agreement)
Article: Q127147
Product(s): Microsoft Home Multimedia Titles
Version(s): 1995 edition
Operating System(s):
Keyword(s): win31
Last Modified: 02-FEB-2002
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The information in this article applies to:
- Microsoft Complete Baseball for Windows, version 1995 edition
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SUMMARY
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The following is the Baseball 1995 BBLEGAL.TXT file (subscription agreement).
MICROSOFT SUBSCRIPTION AGREEMENT FOR BASEBALL DAILY 1995
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In order to subscribe to and use Microsoft's Baseball Daily 1995 on-line service
(the "Service"), you, the "Subscriber," must agree with Microsoft Corporation
("MS") to the following terms and conditions:
1. Required Age:
Subscriber must be 18 years or older. Subscriber may allow others to use the
Service through Subscriber's account and password, but Subscriber agrees to
be solely responsible for all fees associated with their use of Subscriber's
account.
2. Fees:
The schedule of fees for use of the Service is reproduced for the Subscriber
as part of the registration process, and is available under the "Help"
feature for reference. Subscriber unconditionally promises and agrees to pay
all fees attributable to Subscriber's account. Subscriber agrees that MS
shall bill Subscriber all such fees to the credit card Subscriber has
provided as part of the registration process for the Service. Subscriber
represents that such credit card account belongs to Subscriber and will be
valid at all times during which Subscriber uses the Service. If for any
reason MS is unable to collect fees attributable to Subscriber's account
through Subscriber's credit card, Subscriber agrees to pay all such fees
directly to MS upon request. All late payments shall incur a late charge of
one and one-half percent (1 1/2%) per month, or the legal maximum, whichever
is less.
3. Telephone Charges:
Subscriber is responsible for all telephone service charges incurred by
Subscriber in using the Service.
4. Use of Information from Service:
The information provided to Subscriber through Service is intended for
Subscriber's personal, non-commercial use, and Subscriber agrees to make no
other uses of such information. To the extent that the information provided
by the Service is protected by copyright or other proprietary rights,
Subscriber agrees that all such rights are retained by MS and/or its
suppliers, and that such information is licensed to Subscriber according to
the terms of this Agreement and the end user license agreement accompanying
the Microsoft[ASCII 174] Complete Baseball product. Subscriber may not use
the Service in connection with any action or activity prohibited by law or
governmental regulation.
5. Changes to this Agreement:
MS may, in its sole discretion, make changes to the Service, the fees charged
for the Service and/or this Agreement upon prior notice to Subscriber. If
Subscriber does not wish to consent to any such changes, Subscriber's sole
remedy will be to terminate this Agreement and the use of the Service.
6. Limitation of Warranties:
The service and all information, software, and other materials provided
through or in connection with the Service are provided "as is", and MS makes
no warrantee as to the availability, accuracy or content of information
provided through or in connection with the Service, or any warranties of
title, or implied warranties of merchantability or fitness for a particular
purpose. Some states do not allow the exclusion of implied warranties so the
above exclusion may not apply to you. In no event shall MS be liable for any
damages whatsoever (including without limitation, consequential, incidental,
or special damages, whether for loss of profits, interruption, loss of
business information, or any other pecuniary loss) arising out of the use of
or inability to use Service, even if MS has been advised of the possibility
of such damages. In no event shall MS' liability to Subscriber under any
provision of this agreement exceed the amount actually paid by Subscriber for
the Service. Some states do not allow the limitation or exclusion of
liability for incidental or consequential damages, so the above limitation or
exclusion may not apply to you.
7. Term and Termination:
This Agreement shall be effective as of the date on which Subscriber consents
to the terms of this Agreement as provided through the registration process,
and shall continue until terminated by either MS or Subscriber as follows:
(a) MS reserves the right to immediately terminate Subscriber's right to
access to Service in the event that MS, in its sole discretion, determines
that Subscriber has refused to pay any fees for use of the Service, or if
Subscriber has otherwise violated any of the terms of this Agreement. Such
termination by MS shall be effective immediately upon notification to
Subscriber. Such termination shall be in addition to any other legal remedies
which may be available to MS. (b) Subscriber may terminate this Agreement at
any time upon written notice to MS, provided that Subscriber shall be
responsible for payment of fees incurred by Subscriber prior to such
termination. (c) This Service is valid only during the 1995 baseball season.
The Service shall end and this Agreement shall terminate on November 15,
1995, or later at Microsoft's discretion.
8. No Assignment:
Subscriber may not assign his or her account without the prior written consent
of MS.
9. Entire Agreement:
This Agreement constitutes the entire agreement between the parties concerning
the subject matter hereof and supersedes all proposals, oral and written, and
all negotiations, conversations, and other communications between the
parties. No modification of this Agreement or waiver of any of its terms will
be effective against a party specifically acknowledged by such party in
writing.
10. Controlling Law:
This Agreement shall be construed and controlled by the laws of the State of
Washington, and You consent to exclusive jurisdiction and venue in the state
and federal courts sitting in the State of Washington.
11. Severability:
If any provision of this Agreement shall be held by a court of competent
jurisdiction to be illegal, invalid, or unenforceable, the remaining
provisions shall remain in full force and effect.
12. Statistics Files:
By downloading a copy of the Daily, you receive an ASCII file of statistics.
These copyrighted files are licensed to you for your personal,
non-commercial use, and any other use or redistribution of these files is
expressly prohibited.
NOTICE TO CALIFORNIA RESIDENTS
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The Service is provided by Microsoft Corporation, One Microsoft Way, Redmond,
Washington 98052, telephone number (206) 882-8080. If you have any complaints or
other questions with respect to the Service, please contact: 1 (800) 806-6587
for billing inquiries, and 1 (800) 638-8730 for connectivity related inquiries.
You may also contact:
Complaint Assistance Unit
Division of Consumer Services
California Department of Consumer Affairs
400 R Street, Suite 1040
Sacramento, CA 95814
Telephone: (916) 445-1254
Additional query words: kbhowto 1995multi media multimedia multi-media mmtitles kbmm
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Keywords : win31
Technology : kbHomeProdSearch kbGamesSearch kbBaseballSearch kbCompleteBaseballSearch kbCompleteBaseball1995
Version : :1995 edition
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