(Last updated: September 2012)
THIS IS AN AGREEMENT BETWEEN YOU AND MICROSOFT.
You represent that you are at least 18 years old. Your use of the Dataset constitutes your acceptance of this TOU, the Privacy Statement and registration guidelines, without modification.
Microsoft may update the TOU by posting new terms and conditions on the MSR Connect site from which you downloaded the Dataset. If you continue using the Dataset, your use is governed by the new terms and conditions. Your use of the Dataset is also subject to the Publication Guidelines, the Guiding Research Principles, and the Microsoft So.cl Service Terms. These are incorporated by reference into this TOU.
Please note that we do not provide warranties for Dataset. The TOU also limits our liability. These terms are in the “Disclaimer of Liability and Warranty” section below, and we ask you to read it carefully.
Before you may use the Dataset, you must request access from Microsoft by e-mailing email@example.com to receive access to an application for use of the Dataset. You must provide truthful, accurate information in your application. Microsoft will review your application and determine (in its sole discretion) whether to grant you access to the Dataset.
You may use this Dataset for any non-commercial purpose, subject to the restrictions in this TOU. Some purposes which can be non-commercial are teaching, academic research, public demonstrations and personal experimentation.
You may not distribute or publish this Dataset. You may not use this Dataset in any form for commercial purposes. You may, however, use the Dataset to create tools or visualizations that are independently developed by you for the purpose of analyzing or visualizing the Dataset. Examples of commercial purposes would be running business operations, licensing, leasing, or selling content obtained from the Dataset, distributing the Dataset for use with commercial products, using the Dataset in the creation or use of commercial products or any other activity which purpose is to procure a commercial gain to you or others.
RESERVE RIGHT TO MODIFY
Microsoft may discontinue the MSR Connect site, or remove any Dataset from the site, at any time, without notice to you. Microsoft is not obligated to provide new or additional Datasets. However, if Microsoft discontinues the MSR Connect site, you may continue using Datasets you have already accessed, though new Datasets may not be available to you.
Prior to publishing any publication describing your research with the Dataset, you must submit the publication to Microsoft for review and approval, as set forth in the Publication Guidelines located here.
You must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable application form. If your application is approved, you will receive information from Microsoft about how to access and download the Dataset (the “Access Instructions”). You must not share the Access Instructions with anyone without Microsoft’s prior written consent. Permitting anyone else to access the Dataset without Microsoft’s prior written consent will be a material incurable breach of this TOU and will lead to permanent revocation of your access.
You, and any third party working on behalf of you, will not:
(a) Use any information you obtain through the Dataset to try to identify, contact, advertise to or otherwise target any individual;
(b) Bypass Microsoft’s tools or services to interfere or attempt to interfere with the proper working of so.cl or the Dataset;
(c) Use the Dataset in violation of the Microsoft So.cl Service Terms located at http://www.so.cl/app/terms; or
(d) Engage in any unlawful practices in connection with your use of the Dataset.
(a) Termination by you. You may stop using the Dataset if you are dissatisfied with any aspect of the Dataset.
(b) Automatic termination. If you breach these TOU or if you sue anyone over patents that you think may apply to or read on the Dataset or anyone's use of the Dataset, this Agreement (and your license and rights obtained herein) terminates automatically.
(c) Survival. The sections entitled Your responsibilities, Termination, Feedback, Disclaimer of warranties, Indemnity, Limitations of liability, Reservation of rights and Miscellaneous will survive expiration or termination of this Agreement.
If you provide any feedback to Microsoft regarding the Dataset, you agree that such feedback is voluntarily given, and Microsoft shall be free to use the feedback as it sees fit without obligation or restriction of any kind, even if the feedback is designated by you as confidential.
Disclaimer of warranties
You use the Dataset and any related products at your own risk. The Dataset and any related products are provided “AS IS” and with all defects. Except as provided herein, Microsoft expressly disclaims all other express, implied, or statutory warranties. This includes the warranties of merchantability, fitness for a particular purpose, title, non-infringement, lack of viruses, quiet enjoyment, scope of license, lack of errors, and satisfactory condition or quality.
You will indemnify and hold Microsoft and its affiliates, agents and employees, harmless from all loss, liability, and expense (including reasonable attorneys' fees) from any claims, proceedings or suits due to either your breach of this Agreement or your use of the Dataset. You will be solely responsible for defending all such claims but Microsoft may participate with counsel it selects. If Microsoft participates with its own counsel, you will reimburse Microsoft for all reasonable costs and fees incurred. You will not agree to any settlement imposing any obligation or liability on Microsoft without Microsoft’s prior written consent.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR THAT RELATE IN ANY WAY TO THIS AGREEMENT OR ITS PERFORMANCE. THIS EXCLUSION WILL APPLY REGARDLESS OF THE LEGAL THEORY UPON WHICH ANY CLAIM FOR SUCH DAMAGES IS BASED, WHETHER THE PARTIES HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER SUCH DAMAGES WERE REASONABLY FORESEEABLE, OR WHETHER APPLICATION OF THE EXCLUSION CAUSES ANY REMEDY TO FAIL OF ITS ESSENTIAL PURPOSE. THIS EXCLUSION WILL NOT APPLY TO EITHER PARTY’S LIABILITY FOR BREACH OF ITS CONFIDENTIALITY OBLIGATIONS OR VIOLATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS. MICROSOFT WILL NOT BE LIABLE TO YOU FOR DAMAGES IN EXCESS OF $500.
Reservation of rights
Microsoft reserves all rights in the Dataset and associated services and technologies, subject to the licenses granted in this Agreement. Nothing in this TOU grants any additional rights (including any implied licenses, covenants, releases or other rights) whether by implication, estoppel, or otherwise.
(d) Notices. Notices may be served either by posting on any portion of the Dataset website or physical mail. You will receive notices regarding the Dataset at the email address you provided when applying for access rights. Each party may change the persons to whom notices will be sent by giving notice to the other. You may inform the change contact information via e-mail to firstname.lastname@example.org.
(e) Jurisdiction and governing Law. The laws of the State of Washington govern this Agreement. If federal jurisdiction exists, the parties consent to exclusive jurisdiction and venue in the federal courts in King County, Washington. If not, the parties consent to exclusive jurisdiction and venue in the Superior Court of King County, Washington.
(f) Export. The Dataset may be subject to U.S. export jurisdiction at the time it is licensed to you, and it may be subject to additional export or import laws in other places. You agree to comply with all such laws and regulations that may apply to the Dataset.
(g) Attorneys’ fees. If either Microsoft or you employ attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party will be entitled to recover its reasonable attorneys' fees, costs, and other expenses, including the costs and fees incurred on appeal or in a bankruptcy or similar action.
(h) Assignment. You will not assign, sublicense, or otherwise dispose of this Agreement or your right to access the Dataset without Microsoft’s prior written approval.
(i) Waiver. A party’s delay or failure to exercise any right or remedy will not result in a waiver of that or any other right or remedy.
(j) Severability. If any court of competent jurisdiction determines that any provision of this Agreement is illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect.
(k) Entire agreement. This Agreement (including any exhibits) is the entire Agreement between the parties regarding its subject matter. It replaces all prior agreements, communications and representations regarding its subject matter.
COPYRIGHT NOTICE; TRADEMARKS
© 2012 Microsoft Corporation. All rights reserved. Microsoft, and/or other Microsoft products and services referenced herein may also be either trademarks or registered trademarks of Microsoft in the United States and/or other countries.