- LICENSE. By submitting your photograph, image, or artwork (“Image”) to Microsoft, you grant to Microsoft (including its subsidiaries and affiliates) a worldwide, royalty-free, fully paid-up, perpetual license, in and in relation to, personalization services and features in the Windows operating system products (e.g. Windows themes and backgrounds) and any related Microsoft websites, the Windows Personalization Gallery, and any marketing and advertising materials for such personalization services and features: (a) to copy, use, and to create derivative works based on the Image; (b) to publicly perform and display copies of and derivative works based on the Image; and (c) to distribute and license copies of and derivative works based on the Image to Microsoft customers for their personal use (“License”). You unconditionally waive: all enforcement of any moral rights and similar rights that you may have in the Image, worldwide; and any right to inspect or approve the form in which the Image may be used, and you hereby consent to any alteration to, including additions to, or deletions from the Image that would otherwise violate any moral right or similar right if done without your consent.
- NO OBLIGATION. Microsoft is not obligated to use the Image in any way, and may stop using the Image at any time, for any reason or no reason. Microsoft will not be liable for any damages for deciding not to use (or from ceasing to use) the Image and will solely determine the location in which the Image may be used.
- ATTRIBUTION. You grant to Microsoft (including its subsidiaries and affiliates) the right to use your name, image, likeness, or any combination of these, to identify you as the artist who created the Image (collectively, “Attribution”). If Microsoft, its subsidiaries, or affiliates use the Image, they may make Attribution at their discretion, and will solely determine the placement, prominence, format, and length of time for its display and publication.
- INADVERTENT DISPLAY. If Microsoft inadvertently displays, publishes, or performs the Image as part of a Microsoft product or website not included in the License set forth in section 1 above, you will send written notice to Microsoft and Microsoft will use commercially reasonable efforts to remove the Image from such Microsoft product or website. You agree that this shall be your sole remedy for such inadvertent display of the Image.
- TERMINATION; EFFECT OF TERMINATION. Either party may terminate the License at any time upon 60 days written notice to the other party. Microsoft will cease making the Image available as soon as commercially practicable after the end of the 60-day written notice period. Sections 9, 10, and 11 will survive termination of this License. For the avoidance of doubt, Microsoft customers’ rights to the Image distributed to such customers before the expiration or termination of this License will survive expiration or termination of this License.