Windows Media Center for Windows 7

Electronic Programming Guide Terms Of Service

Version 5.0
Updated October 2008

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 SUCH CLAIMS WILL RECEIVE NO RESPONSE.
Notices should be sent to:

J.K.Weston
One Microsoft Way
Redmond, WA 98052
Phone: +1 (425) 703-5529
Fax: +1 (425) 936-7329
Email Address: jkweston@microsoft.com

Please refer to the Notice and Procedure for Making Claims of Copyright
Infringement at http://www.microsoft.com/info/cpyrtinfrg.htm for further
instructions.

END OF AGREEMENT