DOCUMENT:Q116164 09-DEC-1999 [homemm] TITLE :Baseball: Contents of BBLEGAL.TXT File PRODUCT :Microsoft Home Multimedia Titles PROD/VER::1994 edition OPER/SYS: KEYWORDS: ====================================================================== ------------------------------------------------------------------------------- The information in this article applies to: - Microsoft Complete Baseball for Windows, version 1994 edition ------------------------------------------------------------------------------- SUMMARY ======= This article contains the text of the Complete Baseball BBLEGAL.TXT file. The BBLEGAL.TXT file is located in the DAILY directory on the Complete Baseball CD, and contains information on the Baseball Daily 1994 subscription agreement. ===================================================================== BBLEGAL.TXT ===================================================================== MICROSOFT SUBSCRIPTION AGREEMENT FOR BASEBALL DAILY 1994 In order to subscribe to and use Microsoft's Baseball Daily 1994 on- line service (the "Service"), you, the "Subscriber," must agree with Microsoft Corporation ("MS") to the following terms and conditions: 1. User Password MS shall provide Subscriber with a user account and password for use in accessing Service. Subscriber shall be solely responsible for maintaining the security of this account and password, and shall be responsible for any use of the account by others in connection with the Service. 2. 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. 3. 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. 4. Telephone Charges Subscriber is responsible for all telephone service charges incurred by Subscriber in using the Service. 5. 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 Complete Baseball product. Subscriber may not use the Service in connection with any action or activity prohibited by law or governmental regulation. 6. 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. 7. 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. 8. 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 1994 baseball season. The Service shall end and this Agreement shall terminate on November 15, 1994. 9. No Assignment Subscriber may not assign his or her account or password without the prior written consent of MS. 10. 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. 11. 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. 12. 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. NOTICE TO CALIFORNIA RESIDENTS 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 1994 multi media multimedia multi-media ====================================================================== Keywords : Technology : kbHomeProdSearch kbGamesSearch kbBaseballSearch kbCompleteBaseballSearch kbCompleteBaseball1994 Version : :1994 edition ============================================================================= THE INFORMATION PROVIDED IN THE MICROSOFT KNOWLEDGE BASE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MICROSOFT DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL MICROSOFT CORPORATION OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, LOSS OF BUSINESS PROFITS OR SPECIAL DAMAGES, EVEN IF MICROSOFT CORPORATION OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE FOREGOING LIMITATION MAY NOT APPLY. Copyright Microsoft Corporation 1999.