operator.
b. Grant of Rights to Microsoft. You do not transfer ownership of any App or
In-App Product to Microsoft by submitting it to the Store catalog; but, except for any material
subject to any FOSS licenses, you grant to Microsoft, in its capacity as your agent, or
commissionaire, the worldwide right to: host, install, use, reproduce, publicly perform and
display via any digital transmission technology, format, make available to customers (including
through multiple tiers of distribution), insert third-party ad controls selected by you via Partner
Center, and sign the App (including by removing preexisting signatures) all for purposes of
exercising Microsoft's rights and responsibilities under this Agreement, including, performing
Certification of your App or In-App Product and conducting penetration or other testing for
identification of security vulnerabilities; and solely when You utilize the Microsoft commerce
platform (or any billing system provided by a Microsoft Affiliate or mobile operators designated
as a sub-agent by Microsoft) to support the purchase of your App or any In-App Products in
Your App, calculating, collecting, and remitting required taxes,. Microsoft may also evaluate your
App or In-App Product periodically after it becomes available in the Store, to verify that it
continues to comply with this Agreement, remains compatible with Microsoft's app
development and distribution platforms, and to improve Microsoft's app development and
distribution platforms.
c. FOSS Licenses. Your App, In-App Products, and App Assets must not
infringe or misappropriate any intellectual property or personal right of any third party. If an y
portion of your App or In-App Product’s code is licensed from a third party or licensed under
any FOSS License, you are solely responsible for: (i) compliance with those license terms and
conditions including any source code availability requirements, and (ii) ensuring that Microsoft,
in its capacity as your agent or commissionaire, has the necessary rights to perform its
obligations to you under this Agreement.
d. Marketing Rights. You grant Microsoft, its agents, contractors, licensees,
marketing partners, and Affiliates the right to use, reproduce, display, publicly perform and
publish your entity name, App or portion of your App, In-App Product, and the App Assets for
each App, and to modify your App description solely to correct obvious spelling, grammatical or
typographical errors, in connection with: (i) the distribution and marketing of the App or In-App
Product through the Store, (ii) advertising or promoting your App or In-App Product in any and
all media, including the Microsoft Affiliate Program (see http://www.microsoftaffiliates.com), and
(iii) in any marketing, presentations, demonstrations, trade shows, industry events, and press
releases, for the App, In-App Product, Windows, Windows Phone, Xbox hardware and
accessories, Xbox Live Services, Xbox.com and other Windows, Windows Phone and/or Xbox-
related websites and each of their successor platforms, and/or any other Microsoft websites,
products and services related to the Store and/or Apps. Nothing in this Agreement, however, will
preclude Microsoft from using your App, App Assets, and/or In-App Product as permitted by law
without a license (e.g., fair use under applicable copyright law or "referential" use under
trademark law).
e. Removing an App Listing. If you use the functionality in Partner Center to
request that Microsoft remove your App or In-App Product from availability in the Store (which