Microsoft Imagine Subscription Agreement
Direct Subscriptions

Revised: June 2016

This Microsoft Imagine Subscription Agreement (“Agreement”) is an agreement between you and Microsoft Corporation, or based on where you live, one of its affiliates (“Microsoft,” “we,” “us,” or “our”). Please read this Agreement carefully. It governs your access to and use of a Microsoft Imagine Direct Subscription (“Subscription”), including any competitions, developer tools, online learning, software, media, content, materials, services, updates, supplements, internet-based services, promotions, and support services that you may receive through the Subscription (“Subscription Benefits”), unless other terms accompany those Subscription Benefits, in which case those terms apply. By registering for a Subscription, clicking an “I Accept” button, “Register” button, checkbox or other functionally equivalent control, or by using or accessing Subscription Benefits, you confirm that you agree to the terms and conditions of this Agreement. If you do not agree, do not register for or activate a Subscription or access any Subscription Benefits. Please read, print and save a copy of these terms and conditions for your records because a copy won’t be saved for you.

1.    Eligibility

In this Agreement, “you” means either a student or educator at an educational institution. “Educational Institution” means an entity organized and operated exclusively for the purpose of teaching its enrolled students, and which is accredited by the appropriate recognized education accreditation agency within the geographic territory it is located in. Student” means the named, designated subscriber who is (a) a holder of a valid Subscription and a Microsoft account associated with the Subscription, (b) an individual person (not a corporate entity), and (c) actively enrolled part or full-time in and attending courses at an Educational Institution that lead to academic credit, certification or a degree. “Educator means a faculty member employed part or full-time to teach or facilitate courses for Students, or conduct non-commercial research on behalf of an Educational Institution. Subscription Benefits provided to Educators are provided solely to support student coursework, academic research or student projects associated with such coursework or research, and not for the personal use or benefit of any individual Educator. The Subscription must be used in accordance with applicable laws and regulations regarding gratuitous services to Educational Institutions, including the gifting policies of the institution. Use must be discontinued if there is a conflict or inconsistency with those laws, regulations or policies. You should discuss the Subscription with your institution’s ethics officer in advance of Subscribing to ensure compliance with your institution’s gifting policies. Microsoft waives any and all entitlement to compensation from the Educational Institution for the Subscription Benefits.

2.    Subscription

The Subscription provides you with access to the Microsoft Imagine community and certain associated Subscription Benefits available through the Microsoft Imagine portal (www.imagine.microsoft.com). Certain Subscription Benefits may require you to verify your eligibility on an annual basis in order to access them. When your Subscription concludes, you will no longer have access to certain Subscription Benefits, new activations or product keys; however, you may continue to use the software you obtained during your Subscription, subject to the terms of this Agreement.

3.    Updates or changes to the Subscription Benefits

Microsoft reserves the right to change any aspect of the Subscription or these terms, including any Subscription Benefits, at any time. Such updates may be posted to the Microsoft Imagine portal (www.imagine.microsoft.com), in an email notification, presented upon log-in, or through other reasonable means. You should visit the Subscription portal at least once every thirty (30) days to check for potential notice of changes. Using your Subscription after the changes become effective means you agree to the new terms. If you don’t agree to the new terms, you must stop using the Subscription and close your Subscription. Otherwise, the new terms will apply to you.

4.    Using the Subscription Benefits

Your Subscription will provide you with access to certain Subscription Benefits expressly intended to support your education or teaching, non-commercial research, or efforts to design, develop, test, and demonstrate software applications for the above purposes. Subscription Benefits are personal to you and you may not transfer, sell, share, sublicense, assign, or lend them. Your access to and use of the Subscription Benefits are subject to the terms of this Agreement and any separate terms that are specific to the particular benefit. You must have a current, active Subscription in order to access most of the Subscription Benefits.

a.     Software; cloud services; developer tools.

i.      Installation; use. Your installation and use of any software; cloud services or developer tools provided as Subscription Benefits is subject to separate license terms provided with the software, services or tools, such as click-through license terms, except for any changes to those terms that are provided in this Agreement.  You may only use these Subscription Benefits in a virtual environment if allowed by the specific product end user license. Of course, you may not use the software, cloud services of developer tools to develop any form of malicious software or spamware.

ii.     Activation. Certain software may require activation. If so, you must activate the software within the geographic region associated with your Subscription.

iii.    Product keys. Certain software may require a key to install or access it. Not all software is provided with the same number of keys. You are responsible for the use of any keys assigned to you. You may not transfer, sell, share, sublicense, assign, or lend keys. Key activity is monitored. Microsoft reserves the right to suspend or terminate your Subscription or access to the software, without any notice or obligation to you, if we detect suspicious activity related to keys or activations. Microsoft reserves the right to determine in its sole discretion whether an activity constitutes suspicious activity. Microsoft may deactivate or otherwise limit your keys when your Subscription ends. Deactivated keys will not be able to activate software. You will not engage in or facilitate the unauthorized manufacture, duplication, delivery, sale, transfer or use of counterfeit, pirated, unlicensed or illegal Microsoft products or services, or otherwise infringe any of Microsoft’s intellectual property rights. You will timely report to Microsoft any suspected counterfeiting, piracy or other intellectual property infringement, and will reasonably cooperate with Microsoft and its affiliates in the investigation of any such activities. You may not use Subscription Benefits to provide any services to others (such as hosting, web agency, integration or outsourced development, etc.).

iv.    Third party software. The software may include third party code. Any third party scripts or code, linked to or referenced from the software, are licensed to you by the third parties that own such code, not by Microsoft. Notices, if any, for the third party code are included for your information only. The software included in the Subscription is licensed, not sold, and Microsoft reserves all rights to the software not expressly granted by Microsoft, whether by implication, estoppel, or otherwise.  

b.     Events; competitions; contests; other promotions. Most events, competitions, contests, or other promotions will generally have separate terms and conditions associated with their participation, which you must agree to in order to attend.

c.     Publish apps. If you elect to publish a software application (“app”) that you have developed using the Subscription Benefits, you will need to enter a promotional code at https://dev.windows.com/, create a developer account and agree to all applicable terms and conditions associated with the particular app store in order to access this benefit.

d.     Third party offers. The Subscription may allow you to access or acquire products, services, websites, links, content, material, games or applications from third parties (companies or people who are not Microsoft). Such third parties may present you with a privacy policy or require you to accept additional terms of use before you can install or use their apps, services or other offerings; you should review any additional terms and privacy policies before acquiring or using the third party offerings. Any additional third party terms do not modify any of these terms. You are responsible for your dealings with third parties. Microsoft does not license any intellectual property to you as part of any third party offering and is not responsible for information provided by third parties to you, or by you to any third parties.  

e.     Other benefits. Other Subscription Benefits that do not include software or which may be presented from time to time may be subject to separate terms.

5.    Your Content

Certain Subscription Benefits or Microsoft websites that you use in connection with your Subscription may allow you to store or share content that you generate (“Your Content”) or receive material from others. We don’t claim ownership of Your Content. Your Content remains Your Content and you are responsible for it. You are also responsible for respecting others’ rights, including copyright. Learn more about copyright at (http://go.microsoft.com/fwlink/?LinkId=799165). When you share Your Content through the Subscription or on Microsoft websites, you represent and warrant that you have (and will have) all the rights and permissions necessary for Your Content that is uploaded, stored or shared and that such uploading, storage or sharing complies with the Microsoft Services Agreement (http://go.microsoft.com/fwlink/?LinkID=530144) and Terms of Use (http://go.microsoft.com/fwlink/?LinkID=206977).

6.    Prohibited Use of Subscription Benefits

As a condition of your use of Subscription Benefits, you will not use them for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Subscription Benefits in any manner that could damage, disable, overburden, or impair any Microsoft server, or the network(s) connected to any Microsoft server, or interfere with any other party's use and enjoyment of any Subscription Benefits. You may not attempt to gain unauthorized access to any Subscription Benefits, other accounts, computer systems, or networks connected to any Microsoft server or to any of the Subscription Benefits, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Subscription Benefits.

The Subscription Benefits and associated website(s) may contain e-mail services, bulletin board services, chat areas, forums, communities, personal web pages, calendars, photo albums, file cabinets, and/or other message or communication facilities designed to enable you to communicate with others ("Communication Services"). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

·         Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise).

·         Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

·         Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, name, material, or information.

·         Upload, or otherwise make available, files that contain images, photographs, software, or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.

·         Use any material or information, including images or photographs, which are made available through the Communication Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.

·         Upload files that contain viruses, Trojan horses, worms, time bombs, ransomware, cancelbots, corrupted files, malware in general, or any other similar software or programs that may damage the operation of another's computer or property of another.

·         Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.

·         Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.

·         Falsify or delete any copyright management information, such as author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

·         Restrict or inhibit any other user from using and enjoying the Communication Services.

·         Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

·         Harvest or otherwise collect information about others, including e-mail addresses.

·         Violate any applicable laws or regulations.

·         Create a false identity for the purpose of misleading others.

·         Use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Subscription Benefits or other user or usage information or any portion thereof.

Microsoft has no obligation to monitor the Communication Services. However, Microsoft reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion.

Microsoft reserves the right at all times to disclose any information as Microsoft deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Microsoft's sole discretion.

Always use caution when giving out any personally identifiable information about yourself and sensitive information in any Communication Services.

Microsoft does not control or endorse the content, messages or information found in any Communication Services, and Microsoft specifically disclaims any liability with regard to the Communication Services. Managers and hosts are not authorized Microsoft spokespersons, and their views do not necessarily reflect those of Microsoft.

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction, or dissemination. You are responsible for adhering to such limitations if you download the materials.

7.    Parental or legal guardian consent

By registering for a Subscription or accessing Subscription Benefits, you represent to us that you are lawfully able to enter into contracts and have either reached the age of "majority" where you live or have valid parent or legal guardian consent to be bound by the terms of this Agreement. If you do not know whether you have reached the age of majority where you live, or do not understand this section, please ask your parent or legal guardian for help before you create a Microsoft account or register for a Subscription. If you are the parent or legal guardian of a minor that creates a Microsoft account or registers for a Subscription, you accept this Agreement on the minor’s behalf and are responsible for all use of the Subscription and Subscription Benefits, whether the minor’s account is now open or created later.

8.    Privacy and protection of personal information

To provide the Subscription, Microsoft collects certain information about you. Microsoft may also automatically upload information about your computer, your use of the Subscription, and Subscription performance. Microsoft uses and protects that information as described in the Microsoft Privacy Statement (https://go.microsoft.com/fwlink/?LinkId=521839). By signing up for Microsoft Imagine, you’re agreeing that Microsoft and its family of companies may send you program emails and a monthly student newsletter (if available) with information about Microsoft Imagine including software, services, contests and resources available to Students at no cost through the Microsoft Imagine program. If you no longer wish to receive program emails for Microsoft Imagine, you must terminate your membership in the program. Please visit the Promotional Communications Manager (http://go.microsoft.com/fwlink/?LinkId=243191) to set your contact preferences for other Microsoft communications. When there is something important to tell you about your Subscription use, we may send notifications to the email associated with your Microsoft account.

9.    Ending the Subscription

Once you no longer meet the eligibility criteria for the Subscription as defined under section 1 of this Agreement, your access to certain Subscription Benefits that require annual verification of eligibility will terminate as of the date of nonrenewal. However, Microsoft may terminate your Subscription or access to any Subscription Benefits at any time, with or without notice to you, in the event of a material violation of the Agreement, including all use rights associated with any software and any rights granted under Section 2 of the Agreement.

10. Support services

If support services are provided as a part of the Subscription, such services may be subject to separate terms. Any support services offered as a part of the Subscription must be used solely to support your use of the Subscription. Generally, software and other services provided under the Subscription are provided “as is” and we do not provide support services for them.

11. Entire Agreement; assignment and transfer

This Agreement, and the terms for any Subscription Benefits you use, including separate terms for other Microsoft websites and services that you may use in connection with your Subscription, are the entire agreement for the Subscription.

12. Applicable law

Washington state law governs the interpretation of this Agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state or country where you live govern all other claims, including claims under state or country consumer protection laws, unfair competition laws, and in tort.

You might have certain rights which the law that applies to you says cannot be excluded.  Nothing we say in this Agreement will affect those legal rights.

13. Effect of local laws

This Agreement describes certain legal rights. You may have other rights under the law applicable to you relating to the Subscription and Subscription Benefits. This Agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so even if we say something which sounds like it contradicts your legal rights.  That’s what we mean when we say “subject to applicable law”.

14. DISCLAIMER OF WARRANTY

Subject to applicable law, Microsoft provides the Subscription and the software available through it "as-is," "with all faults," and "as available." You bear the risk of using the Subscription and the software. We do not guarantee the suitability, reliability, availability, or accuracy of the software or any other Subscription Benefits, or that your access to the software will be uninterrupted, secure, or error-free. Microsoft gives no express warranties, guarantees, or conditions. We disclaim all warranties with regard to the Subscription and the software, including any implied warranties (e.g., those of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement). You may have additional consumer rights or statutory guarantees under your local laws that this Agreement cannot change. This paragraph applies instead of any express warranty provided in the license terms that accompany any software. All such express warranties are excluded.

FOR AUSTRALIA – if you live in Australia you have statutory guarantees under the Australian Consumer Law and nothing in these terms is intended to affect those rights.

15. LIABILITY LIMITATION

You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This limitation applies to anything related to this Agreement. It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages. Nothing excludes or limits our liability for death or bodily injury resulting from our negligence or for fraudulent misrepresentations.

For questions about Microsoft Imagine, or if you need support, please visit (http://www.dreamspark.com/student/support).

You can also look up your nearest Microsoft location at (http://www.microsoft.com/worldwide).