MSN Direct ™ Service for Navigation Devices Subscription Agreement

Last Updated: February 2007

1. THIS IS A CONTRACT BETWEEN YOU AND MICROSOFT

This is a contract between you and Microsoft Corporation ("Microsoft") (located at One Microsoft Way, Redmond, WA 98052-6399, (“contract"). This contract governs your use of the MSN Direct Service, and you agree to all of its terms and conditions by consenting to the contract, by using the Service, or by allowing someone else to use the Service. You represent that you are at least 18 years old and have attained the age of majority in the province, state or country in which you live, and all information that you submit is complete and correct.

THIS CONTRACT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 13, 14, and 15); AND AN EXCLUSIVE REMEDY (See Section 14). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN. MICROSOFT URGES YOU TO READ THESE TERMS CAREFULLY.

2. DEFINITIONS

"Coverage Area" means the areas of the United States and Canada (exclusive of U.S. Territories and Puerto Rico) in which Microsoft provides Service using the DirectBand™ Network – these areas may change from time to time and coverage in a given geographical region may become unavailable. Go to http://navigation.msndirect.com/coverage to see the current areas.

"Device" means the personal navigation system you have purchased from a retailer that contains Microsoft proprietary technology that Microsoft has agreed may be used to utilize the Service.

“DirectBand™ Network” means the network of FM subcarrier channels of FM radio stations located in the Coverage Area, which Microsoft uses to transmit data to the Device in connection with the provision of MSN Direct Service.

"Primary Location" means the metropolitan area within the Coverage Area, where you will most often use your Device, and which is selected by you pursuant to Site instructions.

"MSN Direct Service" or "Service" means all services provided by Microsoft pursuant to this contract, including without limitation Microsoft’s (a) allowing access to the Site, (b) allowing access to the subscribed data, content and information that will be provided over the DirectBand Network to Devices, and (c) other services or items that may be provided from time to time in connection with the foregoing, including but not limited to, related support (if any), content, software or documentation.

"Site" means the MSN Direct Web site, an Internet Web site at http://www.msndirect.com and any successor sites.

3. NATURE OF THE SERVICE; NUMBER OF DEVICES AND USE OF DATA; SECURITY

3.1 Nature of Service. You may access the Site any time it is available during the period of your subscription, but Microsoft reserves the right to change the Service and the DirectBand Network in its discretion from time to time, including, but not limited to, removing, adding or changing content delivered as part of the Service and Coverage Area. Microsoft cannot promise that the Site or the DirectBand Network will be available all the time or in all regions. The Device should show text and other content provided over the DirectBand Network if the Device is appropriately produced and configured by the Device retailer. The Service does not include sending data from Devices.

The Service is intended to allow the Device to receive the data that you selected when you subscribed for the Service, such as data regarding weather, movies, gas prices and traffic. Not all Services available via the DirectBand Network are necessarily available for all Devices.

The entire Service is subject to the disclaimers and limitations contained in this contract, as well as all other applicable disclaimers and notices posted at the Site. Data is not necessarily instantaneously relayed from the original source of the data, and transmission may be delayed for reasons outside of Microsoft’s control.

3.2 Number of Devices and Use of Data. Your subscription for Service includes the right to use the Service for that number which is specified for your specific Device. If you want to subscribe to the Service for more than one Device, you need to enter into a new service subscription agreement. You agree: (a) not to use more than one Device per contract, (b) not to receive more data than you subscribed for, and (c) not to alter or do anything else to a Device or any software in it that would make it capable of receiving data for which there is not a valid service subscription agreement. These promises shall survive termination of this contract and the Service.

4. UNIQUE THINGS TO NOTE ABOUT THE SERVICE

Information about the Service is also included in the customer instructions you may have received from the retailer. The Device is unique and is not necessarily like other devices to which you may be accustomed, so in addition to reading the Device retailer’s materials, you agree that you will use the Service, or cause it to be used, appropriately and to avoid risk. Other Devices may present the same or additional risks depending upon what the Device is.

CAUTION – SAFETY FIRST: Please devote your attention first and foremost to what you are doing regardless of the Service – safety is your responsibility. Devices may be used in a variety of settings, so use the Service sensibly and safely. For example, you should not read messages while driving, using machinery, or crossing streets. If conditions so indicate, the Device should be ignored and read only when it is safe to do so. Be aware that some Devices may emit sounds. If you are engaged in activities where sounds will be distracting, you should adjust sound settings appropriately.

Continuing Service: Unless you continue the Service for as long as the Device is used, you cannot take full advantage of the Device’s full functionality.

Reception Limitations: Receipt of data is affected by the interruption of FM transmission, the relative strength of the signal, and reception limitations of the DirectBand Network, as well as other factors such as your location within certain structures that may block FM signals (e.g., when you are in a garage).

Reliance: The Service and the Device may have inherent limitations, so do not rely on the Service or the Device as the sole method of meeting your needs or obtaining data.

Airline Travel: Pursuant to applicable regulations and airline policies, he FM radio receiver on your Device may need to be turned off while flying.

Additional Software: For some features, you may need to download additional software to your personal computer.

5. THE SERVICE IS INDEPENDENT OF THE DEVICE

The Service and the Device are provided separately by different entities. Your ability to obtain a refund, warranty service, or any support for the Device depends on your contract with your Device retailer and laws applicable to it. If you are not satisfied with the Service, you may terminate it subject to the terms of this contract; but if you also want to return the Device, you must do so within the return period (if any) offered by your Device retailer.

6. HOW MICROSOFT MAY MODIFY THIS CONTRACT

If Microsoft changes this contract, it will notify you at least thirty (30) days before such changes become effective. Microsoft may notify you via e-mail, online posting or other means. If you do not agree to such changes, then you must cancel your subscription and stop using the Service before such changes become effective. Your continued use of the Service after the effective date of such changes constitutes your acceptance of, and agreement to, such changes.

7. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE SERVICE

The Service is only for your personal use. You will not use the Service for commercial purposes. You will not use the Service in any way that is unlawful, or harms any of the Microsoft Parties as defined below or any customer of a Microsoft Party, as determined in Microsoft’s sole discretion. Microsoft may tell you about certain specific harmful uses in a code of conduct or other notices available through the Service, but has no obligation to do so. You may not use the Service in any way that breaches any code of conduct or other notice applicable to the Service.

8. YOU ARE RESPONSIBLE FOR THE SERVICE ACCOUNT

You are responsible for all activity under your Service account (such activity includes, but is not limited to, your authorization of third parties to provide your Microsoft Outlook calendar information to you using the Service). You are responsible for maintaining the confidentiality of any password connected with your Service account. If someone other than you will use the Device or Service but you are paying for the Service, you agree to cause the user to comply with this contract. Because you are consenting to the contract, you are the person responsible for compliance and payment, even if someone else uses the Device. The user is not a third party beneficiary of this contract and you agree to inform any users (other than you) of all relevant terms and to pass on all relevant information or notices. Similarly, you agree to instruct the user to inform you if he or she receives any notices on the Device that you should know about. You must tell us about anyone using your account without your consent, or any security breach that relates to the Service.

9. CHARGES AND BILLING

9.1 Not Applicable to Some Situations. If the Service is available without a fee, then this Section 9 will not apply. If the Service is provided for a fee paid to Microsoft (either currently, or in the future), then the terms of this Section 9 apply to you. If the Service is provided for a fee paid to a company other than Microsoft, the terms applicable to charges and billing are as set forth by the other company.

9.2 Payment Method. By entering a designated Payment Method when you sign up or any time after, you will create an online account (your "Billing Account") for the Service. You will pay Microsoft all charges at the prices then in effect for the Service ordered using your Billing Account, and you authorize Microsoft to charge, and you agree to pay, using your designated payment method (your "Payment Method") for the Service. Microsoft reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. If you have subscribed for the Service on the 29th, 30th, or 31st day of the month, then the anniversary date of your subscription period will be deemed to be the 1st day of the following month. You represent that you are authorized to use the Payment Method. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT IN ORDER TO RECEIVE THE SERVICES ORDERED. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY MICROSOFT IF YOUR PAYMENT METHOD IS CANCELED (FOR EXAMPLE, FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT https://billing.microsoft.com/.

9.3 Trial Period Offers. You may receive a limited time of free service or some other trial period offer. Unless we tell you otherwise, if you are participating in any trial period offer, you must cancel the Service by the end of the applicable trial period to avoid incurring applicable charges. If you do not cancel your trial subscription by the end of the trial period, then you hereby authorize Microsoft to charge your Payment Method for the Service. If you do not have a Billing Account, then the applicable subscription will expire at the end of your trial period.

9.4 Prices and Price Increases. Prices for the Service exclude all applicable taxes and telecommunication charges, unless expressly stated otherwise, and such taxes and charges are your responsibility. Currency exchange settlements will be based on agreements between you and the provider of your Payment Method (your "Payment Method Provider"). Microsoft may,, change the pricing of the Service, from time to time. Microsoft will notify you before any change. If there is a specific duration and price for your Service subscription, then that price will remain in effect for such duration, but continued use of the Service thereafter will be at the new price. If your Service subscription is on a period basis (for example, monthly), with no specified duration, then any change in pricing will be effective on the date indicated by Microsoft. If you do not agree to such change, then you must cancel your Service subscription and stop using the Service prior to the effective date of such change. Your continued use of the Service after the effective date of such change constitutes your acceptance of and agreement to such change. If you terminate your Service subscription, then such termination will be effective at the end of your current Service subscription term or, if your account is billed on a period basis, at the end of the period in which you provide such notice. The charges for the Service are payable in advance, unless stated otherwise. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO https://billing.microsoft.com/.

If the amount to be charged to your Billing Account varies from the amount you have preauthorized, you have the right to receive, and Microsoft will so provide, notice of the amount to be charged and the date of the charge at least ten (10) days before the scheduled date of the transaction. Your agreement with your Payment Method Provider will govern your use of that Payment Method. You agree that Microsoft may accumulate charges incurred during one or more of your monthly billing cycles and submit them as one or more aggregate charges at any time. MICROSOFT MAY CONTINUE TO SUBMIT ALL RECURRING OR PERIODIC CHARGES FOR THE SERVICE WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE MICROSOFT REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO https://billing.microsoft.com/.

9.5 Refund Policies. All charges are non-refundable unless expressly stated otherwise, or otherwise provided by applicable law. The costs of any returns, if permitted, will be at your expense, unless otherwise provided by applicable law.

9.6 Online Statement. You can sign into https://billing.microsoft.com/ to view your online billing statement ("Online Statement"). Your Online Statement will be updated monthly. Except as otherwise required by applicable law, the Online Statement is the only such billing statement that Microsoft will provide to you. IT IS YOUR RESPONSIBILITY TO PRINT OR SAVE A COPY OF YOUR ONLINE STATEMENT AND TO RETAIN THIS COPY FOR YOUR RECORDS. You may request a paper copy of your Online Statement, but you will be charged a retrieval fee. To request a paper copy of your Online Statement, go to https://billing.microsoft.com/. Paper copies of your Online Statement will only be provided for a period of one hundred twenty (120) days from the date of the Online Statement. Your inability to view an Online Statement does not extend, or relieve you of, your obligation to pay any amounts owing to Microsoft. Unless you notify Microsoft of any error within one hundred twenty (120) days after it first appears in any Online Statement, such statement will be deemed accepted by you for all purposes, including, without limitation, resolution of inquiries made by your Payment Method Provider. YOU RELEASE MICROSOFT FROM ALL LIABILITY AND CLAIMS OF LOSS RESULTING FROM ANY ERROR THAT IS NOT REPORTED TO MICROSOFT WITHIN 120 DAYS AFTER THE ERROR FIRST APPEARS ON YOUR ONLINE STATEMENT.

9.7 Due Date; Late Charge. All amounts you owe Microsoft must be paid in full on the date such payment is deemed due by Microsoft. You shall pay any late charges that Microsoft assesses on amounts due but not timely paid. The late charge will be the lesser of 1% per month (or 12% per annum) on the total amount due but not paid or the maximum rate that is permitted by law. Microsoft reserves the right to refer your Billing Account to a third party for collection in the event of default. You agree to pay all costs incurred in the enforcement of this contract and in collection of any delinquent amounts due, including reasonable attorneys’ fees and other legal fees and costs.

9.8 Default. If Microsoft does not receive payment for any charge to your Billing Account, you will be in default and Microsoft may suspend or cancel the Service and your access to the Service. If your Payment Method Provider seeks return of payments previously made to Microsoft, but Microsoft in good faith believes that you are liable for the charges, then, subject to applicable law, Microsoft may seek payment from you and you will also be in default.

10. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING

For materials you post or otherwise provide to Microsoft related to the Service (a "Submission"), you grant Microsoft permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the Service, and (2) sublicense these rights. Microsoft will not pay you for your Submission. Microsoft may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section. Microsoft may access and/or disclose information about you, including contents of communications, in order to: (1) conform to legal requirements or respond to legal process; (2) ensure your compliance with this contract; or (3) protect the rights, property, or interests of Microsoft, its employees, its customers or the public.

11. SOFTWARE

Your use of any software associated with the Service will be governed by the terms and conditions of the end user license agreement ("EULA") accompanying such software. If you receive any software that is not accompanied by a EULA, then Microsoft grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the Service. Microsoft reserves all rights to such software not expressly granted to you in this contract. Such software is protected by copyright and other intellectual property laws and treaties. Microsoft or its suppliers own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold. The license granted you under this section for such software will terminate on the date your Service subscription terminates. Microsoft may disable such software after the date the Service terminates. You will not disassemble, decompile, or reverse engineer, such software or any equipment included in the Service. Microsoft may automatically check your version of such software and may automatically download upgrades to such software to your Device to update, enhance and further develop the Service.

12. PERFORMANCE AND USAGE INFORMATION

Microsoft may automatically upload performance and usage information for evaluating the Service and the software associated with the Service. Such information will not personally identify you. You may opt out of the automatic uploading of your usage information (but not performance information) as indicated in the software associated with the Service.

13. MICROSOFT MAKES NO WARRANTY

MICROSOFT PROVIDES THE SERVICE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. MICROSOFT, ITS AFFILIATES, ITS RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS, INCLUDING ENTITIES IN THE DIRECTBAND NETWORK (COLLECTIVELY, THE "MICROSOFT PARTIES") MAKE NO WARRANTIES. THE MICROSOFT PARTIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT.

Your Device retailer is not authorized to make warranties for any of the Microsoft Parties. You acknowledge and agree that any remedy on a warranty provided by the Device retailer will be exercised by you or the Device owner or user solely against the Device retailer.

14. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY

14.1 THE MICROSOFT PARTIES’ AGGREGATE, CUMULATIVE LIABILITY RELATING TO THIS CONTRACT AND YOUR USE OF THE SERVICE SHALL BE LIMITED TO YOUR ACTUAL, RECOVERABLE, DIRECT DAMAGES , IF ANY, WHICH DAMAGES IN NO EVENT SHALL EXCEED AN AMOUNT EQUAL TO YOUR SERVICE FEE FOR ONE MONTH. RECOVERY OF SUCH DAMAGES IN THIS AMOUNT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 14.1, THE MICROSOFT PARTIES DISCLAIM ANY AND ALL LIABILITY FOR DAMAGES OF ANY KIND ARISING OUT OF, BASED ON, OR RESULTING FROM, THIS CONTRACT OR YOUR USE OF THE SERVICE.

14.2 IN NO EVENT SHALL ANY OF THE MICROSOFT PARTIES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE OF THE SERVICE, EVEN IF ANY OF THE MICROSOFT PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION 14.2 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE.

14.3 THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 14 APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, MISREPRESENTATION OR OTHER TORT, (4) PRODUCTS LIABILITY, OR (5) ANY OTHER CAUSE OF ACTION TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW.

15. CHANGES TO THE SERVICE; ADDITIONAL LIABILITY LIMITATION

THE MICROSOFT PARTIES MAY CHANGE THE SERVICE OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the Service, you should expect to receive access to or use various items such as information, materials, graphics, software, data and content (collectively, "Content") originated by Microsoft and persons other than Microsoft (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 13 AND 14, YOU ACKNOWLEDGE AND AGREE THAT THE MICROSOFT PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT OR BROADCAST, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT OR BROADCAST, OR (2) ANY THIRD PARTY CONDUCT, INCLUDING WITHOUT LIMITATION, ANY USE OF YOUR SERVICE ACCOUNT BY THIRD PARTIES WHICH YOU HAVE AUTHORIZED, OR ANY THIRD PARTY’S UNAUTHORIZED ACCESS TO OR ALTERATIONS OF YOUR SERVICE ACCOUNT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 13 AND 14, YOU ACKNOWLEDGE AND AGREE THAT MICROSOFT IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SERVICE, (2) ANY INCOMPATIBILITY BETWEEN THE SERVICE AND OTHER SERVICES, SOFTWARE AND HARDWARE, OR (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SERVICE IN AN ACCURATE OR TIMELY MANNER. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 13, 14 AND 15 OF THIS CONTRACT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.

16. MICROSOFT’S TERMINATION OF SERVICE

Microsoft may terminate or suspend the Service at any time, with or without cause, with or without notice. Upon termination of the Service, your right to use the Service will immediately cease, and Microsoft will have no obligation to provide the Service to you. UPON SUCH CANCELLATION OR SUSPENSION, MICROSOFT MAY STOP DELIVERY OF THE SERVICE, AND ANY INFORMATION YOU HAVE STORED ON THE SERVICE MAY NOT BE RETRIEVED LATER. Termination of the Service by Microsoft will not alter your obligation to pay all charges made to your Billing Account, except that, if Microsoft terminates the Service in its entirety without cause, then Microsoft will refund you on a pro-rata basis the amount of your payment corresponding to the portion of your subscription remaining after such termination.

17. YOUR TERMINATION OF SERVICE

You may terminate the Service at any time, with or without cause, upon notice to Microsoft as specified by the Service. If you are participating in any trial period offer, you must terminate the Service by the end of the applicable trial period to avoid incurring applicable charges. Certain Service promotions or plans may require termination charges, and you will pay all such termination charges as specified in the materials describing such promotion or plan. Termination of the Service by you will not alter your obligation to pay all charges made to your Billing Account.

18. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES

Claims for enforcement, breach or violation of duties or rights under this contract will be adjudicated under the laws of the State of Washington, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of state consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States. You hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in King County, Washington, USA in all disputes arising out of or relating to the use of the Service.

19. INTERPRETING THE CONTRACT; ASSIGNMENT

All provisions of this contract apply to the maximum extent permitted by applicable law. If any part of this contract is determined to be invalid or unenforceable pursuant to applicable law, 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 this contract will continue in effect. Microsoft may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or assign, transfer or sublicense any rights in the Service or your Billing Account. Instead you may cancel your Service. The other party may then establish a service account and enter into a contract with Microsoft. Except as expressly stated herein, this contract constitutes the entire agreement between you and Microsoft with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Microsoft with respect to the Service. The section titles in the contract are used solely for the convenience of the parties and have no legal or contractual significance.

20. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM

YOU AND MICROSOFT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

21. YOUR NOTICES TO MICROSOFT

Notices given by you to Microsoft must be given by e-mail and addressed as stated in the customer support area for the Service, or by postal mail. Send postal mail notices to Microsoft at Microsoft Corporation, Attention: MSN Direct Customer Service, One Microsoft Way, Redmond, WA 98052-6399, USA.

22. MICROSOFT’S NOTICES TO YOU; CONSENT REGARDING ELECTRONIC INFORMATION

YOU CONSENT TO MICROSOFT PROVIDING YOU ANY INFORMATION THAT MICROSOFT IS REQUIRED BY LAW TO SEND TO YOU REGARDING THE SERVICE ("REQUIRED INFORMATION") IN ELECTRONIC FORM. MICROSOFT MAY PROVIDE REQUIRED INFORMATION TO YOU (1) VIA E-MAIL AT THE E-MAIL ADDRESS YOU SPECIFIED WHEN YOU SIGNED UP FOR YOUR SERVICE, (2) BY ACCESS TO A MICROSOFT WEB SITE THAT WILL BE DESIGNATED IN AN E-MAIL NOTICE SENT TO YOU AT THE TIME THE INFORMATION IS AVAILABLE, OR (3) BY ACCESS TO A MICROSOFT WEB SITE THAT WILL BE GENERALLY DESIGNATED IN ADVANCE FOR SUCH PURPOSE. NOTICES PROVIDED TO YOU VIA E-MAIL WILL BE DEEMED GIVEN AND RECEIVED ON THE TRANSMISSION DATE OF SUCH E-MAIL. You may request a paper copy of any Required Information. You may request paper copies, withdraw your consent, or update your e-mail address by following the instructions at https://billing.microsoft.com/. If you choose to withdraw your consent, then Microsoft may terminate your Service. Microsoft must receive your paper copy request within one hundred twenty (120) days from the date that Microsoft first provided the Required Information to you. Microsoft may charge a reasonable fee for providing such paper copies.

23. HARDWARE AND SOFTWARE REQUIREMENTS

To receive Required Information from Microsoft you must have an e-mail address, Internet Explorer 6.X (or above) or Netscape Navigator 6.x (or above) or Firefox 1.5 (or above) or Safari 2.0 (or above), and software capable of sending and receiving e-mail via the Internet. Also, your computer must be able to print or store Required Information received in a plain-text formatted e-mail message or through a Microsoft Web site using the browser specified above. YOU CONFIRM THAT YOUR COMPUTER SATISFIES THE HARDWARE AND SOFTWARE REQUIREMENTS STATED ABOVE. YOU CONFIRM THAT YOU SPECIFIED A CURRENT E-MAIL ADDRESS FOR RECEIVING REQUIRED INFORMATION WHEN YOU SIGNED UP FOR YOUR SERVICE.