MICROSOFT POWER BI SERVICE AGREEMENT

Last Updated:  June 2015

 

Thank you for choosing Microsoft! This Agreement applies when:

(i)     An individual signs up for Power BI service (as defined below) with an email address that has been provided by an organization by virtue of the individual’s relationship with the organization; and

(ii)   An individual becomes a qualified administrator by proving ownership of the internet domain name registration (“DNS”) associated with the email address that you used to sign up for the service, as described in Section 2.

 

This is an agreement between you and Microsoft Corporation (or based on where you live one of its affiliates) that describes your rights to use the Microsoft Power BI service. We refer to this service, together with any software that’s made available as part of the service, and websites that link to this Agreement as the “Service.”  You may use the Service in accordance with these terms and conditions, for appropriate purposes in compliance with your organization’s policies.  For your convenience, we have phrased some of the terms of this Agreement in a question and answer format. You should read the entire agreement because all of the terms are important and create a legal agreement (the “Agreement”) that, once accepted by you, applies to you.

 

IF YOU LIVE IN THE UNITED STATES, PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 7.1.  IT AFFECTS HOW DISPUTES ARE RESOLVED.

 

1.            Qualified Users

 

1.1               To be eligible to sign up for the Service, you must have a valid and current email address that is provided by an organization using its internet domain (your “Organization”).   If there is a question about whether or not an individual is eligible, Microsoft retains the right to determine eligibility in its sole discretion.

 

THE SERVICE IS INTENDED FOR USE BY ORGANIZATIONS THAT SHARE THE SAME EMAIL DOMAIN. WHEN YOU USE AN EMAIL ADDRESS PROVIDED BY YOUR ORGANIZATION TO ACCESS THE SERVICE, YOUR ORGANIZATION, AS THE OWNER OF THE INTERNET DOMAIN ASSOCIATED WITH YOUR EMAIL ADDRESS, MAY: (I) CONTROL AND ADMINISTER THE SERVICE ACCOUNT AND (II) ACCESS AND PROCESS YOUR DATA, INCLUDING THE CONTENTS OF YOUR COMMUNICATIONS AND FILES.

 

1.2               You understand that you are responsible for conducting yourself in accordance with this Agreement and your Organization’s policies.

1.3               From time to time, you may be asked to confirm the validity of your Organization email account, and if your Organization email account is not confirmed as valid, your User Account will be removed and we may delete information or Customer Data associated with your User Account, or otherwise disassociate it from you. We are under no obligation to retain or return Customer Data to you after your account has been removed.

2.                   Qualified Administrators

In this Section 2, “you” or “yours” refers to an Admin (as defined below). In all other Sections of this Agreement, unless expressly stated otherwise, “you” and “yours” refers to both Admins and individual users who are not Admins.

 

2.1               To be eligible to be an administrator of the Service (“Admin”), you must verify that (i) you are authorized to act on behalf of the Organization that owns the internet DNS associated with the email and (ii) you have administrative control over that internet DNS sufficient to manage the DNS records. If there is a question about whether or not you are eligible to be an Admin, Microsoft retains the right to determine eligibility in its sole discretion. The Admin controls use of that domain in connection with all Microsoft online services, not only the Service.

 

2.2               Admin Assumption of ControlIf you qualify as an Admin, you will obtain control of all User Accounts associated with your Organization, including without limitation, domain management, and capability to terminate a user’s access to the Service and/or delete a user’s Customer Data.

 

You acknowledge that your users may have signed up for various Power BI subscriptions, as individuals. Until your Organization replaces these individual subscriptions with subscriptions for your Organization, this Agreement will continue to govern (i) you as the Admin, and (ii) the users.

 

You acknowledge that Microsoft will continue to allow users from your Organization to sign up for the Service in accordance with the Azure Active Directory settings for your tenant. For more information please refer to the Power BI in your Organization article here.

 

               

3.       Scope of the Agreement, acceptance, and changes.

 

3.1          What is covered by this Agreement? Individual Power BI subscriptions covered by this Agreement are:  Power BI (free), Power BI Pro and trial of Power BI Pro. 

 

3.2               How do I accept this Agreement? By using or accessing the Service, or by agreeing to these terms where the option is made available to you in the user interface, you agree to abide by this Agreement without modification by you. If you do not agree, you may not use the Service.

 

3.3               Can Microsoft change this Agreement after I have accepted it?  Yes. From time to time, Microsoft may change or amend these terms. If we do, we will notify you, either through the user interface, in an email message, or through other reasonable means. If you use the Service after the date the change becomes effective, you consent to the changed terms. If you do not agree to the changes, you must stop using the Service. Otherwise, the new terms will apply to you.

 

3.4               What types of changes to the Service can I expect?  We continuously work to improve the Service and may change them at any time. We may release the Service or their features in a pre-release version, which may not work correctly or in the same way the final version may work. From time to time we may stop providing portions of the Service. We may do so for example if it's no longer feasible for us to provide a service, the technology advances, customer feedback indicates a change is needed, our agreements with third parties no longer permit us to make their material available, or external issues arise that make it imprudent or impractical to continue.

 

4.       Termination and cancellation

 

4.1          What happens if I do not abide by this Agreement, don’t meet the qualifications, or Microsoft suspects fraud? If you violate this Agreement, don’t meet the qualifications, or Microsoft suspects fraud, there are a range of actions we may take including removing your Customer Data from the Service, suspending or cancelling your access to the Service, and/or referring such activity to appropriate authorities. Customer Data that is deleted may be irretrievable.

4.2          Are there other ways I could lose access to the Service?  Yes. (1) Microsoft may stop offering the Service at any time for any reason, (2) Microsoft may terminate your access at any time for any reason, (3) Microsoft may stop providing portions of the Service, in accordance with Section 3.4 above, or (4) you become ineligible to receive the Service.  Additionally, if your Admin has assumed control of your User Account, your Admin may modify or remove your access to the Service.

4.3          How can I terminate my subscription to the Service? You may terminate your subscription to the Service associated with your User Account at any time and for any reason, unless the owner of your Organization internet DNS has assumed control of your User Account. In such case, contact your Admin to terminate your subscription to the Service.  If an Admin has not assumed control of your User Account, please visit http://go.microsoft.com/fwlink/?LinkID=619087 to understand how to terminate your subscription to the Service and delete Customer Data.

 

4.4               What happens if my subscription to the Service is canceled or terminated? If the subscription to the Service is canceled or terminated, your right to use the Service stops immediately and your license to use the software related to the Service ends. If your subscription to the Service is canceled or terminated, we will delete information or Customer Data or will otherwise disassociate it from you as set forth in Section 6.1(g).  We are under no obligation to notify you or return Customer Data to you.

 

5.       Software available through Service

 

5.1          What terms govern any software that is part of the Service? Unless accompanied by a separate license agreement, any software provided by us to you as part of the Service is subject to the terms of this Agreement. The software is licensed, not sold, and Microsoft reserves all rights to the software not expressly granted by Microsoft, whether by implication, estoppel, or otherwise. Unless accompanied by a separate license agreement, under our license we grant you the right to install and run that one copy of the software for use of the Service on one device (“licensed device”), for use only by you, but only if you comply with all the terms of this Agreement.   Only one person at a time may use the software on the licensed device.  The components of the software are licensed as a single unit, and you may not separate or virtualize the components and install them on different devices.  The software is not licensed for commercial hosting. Any third party scripts or code, linked to or referenced from Service, are licensed to you by the third parties that own such code, not by Microsoft.

5.2          Are there things I can't do with the Service or software?  Yes. In addition to the other restrictions in this Agreement, you may not circumvent or bypass any technological protection measures in or relating to the Service or software or disassemble, decompile, or reverse engineer any software that is included in or accessible through the Service, except and only to the extent that the applicable copyright law expressly permits doing so; separate components of the software or Service for use on different devices; publish, copy, rent, lease, or lend the software or the Service; or transfer the software, any software licenses, or any rights to access or use the Service. You may not use the Service in any unauthorized way that could interfere with anyone else’s use of them or gain access to any service, data, User Account, or network. You may not enable access to the Service by unauthorized third-party applications.

 

5.3          How is the software updated?  We may automatically check your version of the software to verify that the software is properly licensed. Devices on which the software is installed may periodically provide information to enable Microsoft to verify that the software is properly licensed. This information includes the software version, your User Account, product ID information, a machine ID, and the internet protocol address of the device. If the software is not properly licensed, its functionality will be affected. You may only obtain updates or upgrades for the software from Microsoft or authorized sources. By using the software, you consent to the transmission of the information described in this section. We may also automatically download updates to the software from time to time without any notice to you. You agree to accept such updates subject to these terms unless other terms accompany the updates. If so, those other terms apply. You may stop receiving updates on your device by turning off Internet access. If and when you re-connect to the Internet, the software will resume checking for and installing updates. Microsoft isn't obligated to make any updates available and doesn't guarantee that we will support the version of the system for which you licensed the software.

 

6.                   Privacy and Security Terms

 

6.1          Customer Data

 

(a)    What is Customer Data and who is responsible for my Customer Data that I provide though use of the Service? “Customer Data” means all data, including all text, sound, video, or image files, and software, that are provided to Microsoft by, or on behalf, of you through use of the Service. You are solely responsible for the content of all Customer Data. You will secure and maintain all rights in Customer Data necessary for us to provide the Service to you without violating the rights of any third party or otherwise obligating Microsoft to you or to any third party. Microsoft does not and will not assume any obligations with respect to Customer Data. The Service may enable you to communicate with others and share or store various types of files, such as photos and documents.  Except for material that we license to you that may be incorporated into your Customer Data (such as images), we do not claim ownership of any of your Customer Data. Until such time as an Admin (acting on your Organization’s behalf) has assumed control of your User Account, you are responsible for your Customer Data. Subject to your Organization’s terms and policies, you may delete your own Customer Data from the Service, so long as you are still a user of the Service. If an Admin has assumed control of your User Account, please contact your Admin to understand your rights to your Customer Data.

 

(b)   Can others in my network see Customer Data? When you use social features of the Service, other users in your network may see some of your activity. To learn more about the social features and other functionality, please review documentation specific to the Service: http://go.microsoft.com/fwlink/?LinkId=619088.

 

(c)    Who can access my Customer Data? You have initial control over who may access your Customer Data. However, if you share Customer Data in public areas of the Service, through features that permit public sharing of Customer Data, or in shared areas available to others, you agree that anyone with whom you have shared Customer Data may use, save, reproduce, distribute, display, and transmit that Customer Data freely. If you do not want others to have that ability, do not use the Service to share your Customer Data. You represent and warrant that for the duration of this Agreement that you have (and will have) all the rights necessary to the Customer Data you upload or share on the Service and that the use of the Customer Data, as contemplated in this Section 6.1(b), won't violate any law or your Organization’s terms and policies. If an Admin has assumed control of your User Account, the Admin controls your Customer Data and access to the Organization pursuant to Section 2. 

 

(d)   What does Microsoft do with my Customer Data? Your Customer Data will be used only to provide you the Service, including purposes compatible with providing the Service. Microsoft will not use Customer Data or derive information from it for any advertising or similar commercial purposes. Microsoft uses and protects your Customer Data as outlined in the Privacy Statement linked here: http://go.microsoft.com/fwlink/?LinkId=512132  (the “Privacy Statement”).                

(e)   Will Microsoft disclose my Customer Data to third parties?  Microsoft will not disclose Customer Data outside of Microsoft or its controlled subsidiaries and affiliates except (1) as you direct, (2) with permission of a user, (3) as described in this agreement, or (4) as required by law.  If an Admin has assumed control of your User Account, the Admin is authoritative for purposes of managing your Organization’s responses to third party requests, and your Admin may access and disclose to a third party any of your Customer Data in his/her discretion. Microsoft will attempt to redirect third party requests to the Admin where one exists.


Microsoft will not disclose Customer Data to law enforcement unless required by law. Should law enforcement contact Microsoft with a demand for Customer Data, Microsoft will attempt to redirect the law enforcement agency to request that data directly from you. If compelled to disclose Customer Data to law enforcement, then Microsoft will promptly notify you and provide a copy of the demand unless legally prohibited from doing so.

Upon receipt of any other third party request for Customer Data (such as requests from your Organization), Microsoft will promptly notify you unless prohibited by law. If Microsoft is not required by law to disclose the Customer Data, Microsoft will reject the request. If the request is valid and Microsoft could be compelled to disclose the requested information, Microsoft will attempt to redirect the third party to request the Customer Data from you. 

 

Except as you direct, Microsoft will not provide any third party: (1) direct, indirect, blanket or unfettered access to Customer Data; (2) the platform encryption keys used to secure Customer Data or the ability to break such encryption; or (3) any kind of access to Customer Data if Microsoft is aware that such data is used for purposes other than those stated in the request.  In support of the above, Microsoft may provide your basic contact information to the third party. 


Microsoft may hire subcontractors to provide services on its behalf. Any such subcontractors will be permitted to obtain Customer Data only to deliver the services Microsoft has retained them to provide and will be prohibited from using Customer Data for any other purpose. Microsoft remains responsible for its subcontractors’ compliance with Microsoft’s obligations herein. Customer has previously consented to Microsoft’s transfer of Customer Data to subcontractors as described herein.

 

(f)     What type of Customer Data or actions are not permitted?  In order to protect our customers and the Service, we have established this Code of Conduct governing the use of the Service.  Actions that violate this Agreement are not permitted.

                                             i.            Do not use the Service to do anything illegal.  

                                           ii.            Do not engage in any activity that exploits, harms, or threatens to harm children.

                                          iii.            Do not send spam or use your Account to help others send spam. Spam is unsolicited bulk email, postings or instant messages. 

                                         iv.            Do not publicly display inappropriate images (e.g. nudity, bestiality, pornography).

                                           v.            Do not engage in activity that is false or misleading (e.g. attempts to ask for money under false pretenses, impersonating someone else).

                                         vi.            Do not engage in activity that is harmful to the Service or others (e.g. viruses, stalking, hate speech, advocating violence against others).

                                        vii.            Do not infringe upon the rights of others (e.g. unauthorized sharing of copyrighted music, resale or other distribution of images and other Customer Data).

                                      viii.            Do not engage in activity that violates the privacy or other rights of others.  

 

In many cases Microsoft is alerted to violations of the Code of Conduct through customer complaints, but we may also deploy automated technologies to detect child pornography or abusive behavior that might harm the system, our customers or others.  When investigating these matters, Microsoft or its agents may review Customer Data in order to resolve the issue.  This is in addition to the uses we describe elsewhere in this Agreement and the Privacy Statement.

 

(g)    Can Microsoft remove my Customer Data from the Service?  Yes. Microsoft may remove, limit distribution of, or disable access to your Customer Data if we determine it's in violation of this Agreement, we receive a complaint from another user, we receive a notice of intellectual property infringement, or other legal instruction for removal. We may also block delivery of a communication (like email or instant message, if offered) to or from the Service as part of our effort to protect the Service or our customers, or otherwise enforce the terms of this Agreement.                

 

(h)   How long will Microsoft Retain my Customer Data?  Except for free trials, Microsoft will retain Customer Data stored in the Service in a limited function account for 90 days after we receive your request for the termination of your Service so that you may extract the Customer Data. After the 90-day retention period ends, Microsoft will disable your account. Please visit http://go.microsoft.com/fwlink/?LinkId=619537 to understand how to terminate the service and delete Customer Data. The Service may not support retention or extraction of software provided by you. Microsoft has no liability for the deletion of Customer Data as described in this section.

 

6.2          Privacy

Your privacy is important to us. We describe how we use and protect your Customer Data and any information we collect from you in the Privacy Statement, which is important so please read it carefully.  This Agreement incorporates the Privacy Statement by reference. By using the Service or agreeing to these terms, you consent to Microsoft’s collection, use and disclosure of your Customer Data and information as described in the Privacy Statement at http://go.microsoft.com/fwlink/?LinkId=512132.

 

6.3          Security

Microsoft is committed to helping protect the security of users’ information. Microsoft has implemented and will maintain and follow appropriate technical and organizational measures intended to protect Customer Data against accidental, unauthorized or unlawful access, disclosure, alteration, loss, or destruction.

 

6.4          Location of Data Processing

Customer Data that Microsoft processes on your behalf may be transferred to, and stored and processed in, the United States or any other country in which Microsoft or its affiliates or subcontractors maintain facilities. You appoint Microsoft to perform any such transfer of Customer Data to any such country and to store and process Customer Data in order to provide the Service. Microsoft abides by the EU Safe Harbor and the Swiss Safe Harbor frameworks as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union, the European Economic Area, and Switzerland.

 

6.5          Preview Releases

Microsoft may offer preview, beta or other pre-release features and services ("Previews"). Previews may employ lesser or different privacy and security measures than those typically present in the Service.

 

6.6          How to Contact Microsoft

If you believe that Microsoft is not adhering to its privacy or security commitments, you may contact customer support or use Microsoft’s Privacy web form, located at http://go.microsoft.com/?linkid=9846224. Microsoft’s mailing address is:   

Microsoft Enterprise Service Privacy

Microsoft Corporation

One Microsoft Way

Redmond, Washington 98052 USA

 

Microsoft Ireland Operations Limited is Microsoft’s data protection representative for the European Economic Area and Switzerland. The privacy representative of Microsoft Ireland Operations Limited can be reached at the following address:

Microsoft Ireland Operations, Ltd.

Attn: Data Protection

Carmenhall Road

Sandyford, Dublin 18, Ireland

 

6.7          Services disruptions and backup

 

We strive to keep the Service up and running; however, all online services suffer occasional disruptions and outages, and Microsoft isn't liable for any disruption or loss you may suffer as a result. You should regularly backup the Customer Data that you store on the Service. Having a regular backup plan and following it can help you prevent loss of your Customer Data.  We make an effort to provide detailed service status for the Service at http://go.microsoft.com/fwlink/?LinkId=619538

 

 

7.            General Terms

 

7.1          BINDING ARBITRATION AND CLASS ACTION WAIVER IF YOU LIVE IN THE United States

We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally.  If we can’t, you and we agree to binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury.  Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of appeal under the FAA.  Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed.  Nor is combining individual proceedings without the consent of all parties.  “We,” “our,” and “us” includes Microsoft and Microsoft’s affiliates. 

                (a)  Disputes Covered—Everything Except IPThe term dispute” is as broad is it can be.  It includes any claim or controversy between you and us concerning the Service, the software related to the Service, the Service’ or software’s price, your Microsoft account, your Skype account, or these Terms, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights.

 

                (b)  Mail a Notice of Dispute First. If you have a dispute and our customer service representatives can’t resolve it, send a Notice of Dispute by U.S. Mail to Microsoft Corporation, ATTN: LCA ARBITRATION, One Microsoft Way, Redmond, WA 98052-6399, U.S.A. (or to your mobile phone carrier at its principal place of business in the United States marked ATTN: Legal Department).  Tell us your name, address, how to contact you, what the problem is, and what you want.  A form is available at http://go.microsoft.com/fwlink/?LinkId=245499.  We’ll do the same if we have a dispute with you.   After 60 days, you or we may start an arbitration if the dispute is unresolved.

 

                (c)   Small Claims Court OptionInstead of mailing a Notice of Dispute, you may sue us in small claims court in your county of residence (or if a business your principal place of business) or King County, Washington, U.S.A. if you meet the court’s requirements.  We hope you’ll mail a Notice of Dispute and give us 60 days to try to work it out, but you don’t have to before going to small claims court.

 

                (d)  Arbitration Procedure. The AAA will conduct any arbitration under its Commercial Arbitration Rules (or if you are an individual and use the Services for personal or household use, or if the value of the dispute is $75,000 or less whether or not you are an individual or how you use the Services, its Consumer Arbitration Rules).  For more information, see www.adr.org or call 1-800-778-7879.  To start an arbitration, submit the form available at http://go.microsoft.com/fwlink/?LinkId=245497 to the AAA and mail a copy to us.  In a dispute involving $25,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead.  Any in-person hearing will take place in your county of residence (or if a business your principal place of business) or our principal place of business—King County, Washington if your dispute is with Microsoft.  You choose.  The arbitrator may award the same damages to you individually as a court could.  The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim.

 

                (e)  Arbitration Fees and Payments.

 

                      i.         Disputes Involving $75,000 or Less. We will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses. If you reject our last written settlement offer made before the arbitrator was appointed, your dispute goes all the way to an arbitrator’s decision (called an “award”), and the arbitrator awards you more than this last written offer, we will: (i) pay the greater of the award or $1,000; (ii) pay your reasonable attorney’s fees, if any; and (iii) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration. The arbitrator will determine the amount of fees, costs, and expenses unless you and we agree on them.

 

                      ii.        Disputes Involving More than $75,000. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.

 

                      iii.       Disputes Involving Any Amount. If you start an arbitration, we won’t seek our AAA or arbitrator’s fees and expenses, or your filing fees we reimbursed, unless the arbitrator finds the arbitration frivolous or brought for an improper purpose.  If we start an arbitration, we will pay all filing, AAA, and arbitrator’s fees and expenses. We won't seek our attorney’s fees or expenses from you in any arbitration.  Fees and expenses are not counted in determining how much a dispute involves.

 

                (f)   Conflict with AAA Rules. These Terms govern to the extent they conflict with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules.

 

                (g)  Must File Within One Year.  You and we must file in small claims court or arbitration any claim or dispute (except intellectual property disputes—see section 7.1(a)) within one year from when it first could be filed.  Otherwise, it's permanently barred.

 

                (h)  Rejecting Future Arbitration Changes. You may reject any change we make to section 15 (except address changes) by sending us notice within 30 days of the change by U.S. Mail to the address in section 7.1(b) If you do, the most recent version of section 7.1 before the change you rejected will apply.

 

                (i)   Severability. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts won’t be arbitrated but will proceed in court, with the rest proceeding in arbitration.  If any other provision of section 7.1 is found to be illegal or unenforceable, that provision will be severed but the rest of section 7.1 still applies.

 

(j)     Government Employees. Microsoft waives any and all entitlement to compensation from your Organization for the Service provided pursuant to this Agreement.  Microsoft intends that the Service terms be in compliance with applicable laws and regulations with respect to gratuitous services.  It is specifically understood that the Service and Services deliverables provided are for the sole benefit and use of your Organization and are not provided for personal use or benefit of any individual government employee.

 

 

7.2          NO Warranties

 

MICROSOFT, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICE. YOU UNDERSTAND THAT USE OF THE SERVICE IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICE ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” MICROSOFT DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICE. To the extent permitted under your local law, we exclude any implied warranties, including for merchantability, satisfactory quality, fitness for a particular purpose, workmanlike effort, and non-infringement. You may have certain rights under your local law. Nothing in this Agreement is intended to affect those rights, if they are applicable.

 

YOU ACKNOWLEDGE THAT computer and telecommunications systems are not fault-free and occasional periods of downtime occur. We do not guarantee the SERVICE will be uninterrupted, timely, secure, or error-free or that CUSTOMER DATA loss won't occur.

 

7.3          Limitation of Liability

 

If Microsoft breaches this Agreement, you agree that your exclusive remedy is to recover, from Microsoft or any affiliates, resellers, distributors, and vendors, direct damages up to USD$10.00. You can't recover any other damages OR LOSSES, including, WITHOUT LIMITATION, DIRECT, consequential, lost profits, special, indirect, incidental, or punitive DAMAGES. These limitations and exclusions apply even if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything related to this Agreement such as loss of Customer Data; any virus affecting your use of the Service; delays or failures in starting or completing transmissions or transactions; claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, misrepresentation, omission, trespass, or other tort; violation of statute or regulation; or unjust enrichment. Some or all of these limitations or exclusions may not apply to you if your state, province, or country doesn't allow the exclusion or limitation of incidental, consequential, or other damages.

 

7.4          Microsoft contracting entity, court of venue, and applicable law

 

If you live in the United States, you are contracting with Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, U.S.A. The laws of the state where you live govern the interpretation of this Agreement, claims for breach of it, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of law principles, except that the FAA governs all provisions relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, for all disputes arising out of or relating to this Agreement or the Service that are heard in court (not arbitration and not small claims court).

 

Canada. If you live in Canada, you are contracting with Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, U.S.A. The laws of the province where you live (or if a business your principal place of business) govern the interpretation of Agreement, claims for breach of it, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of law principles. You and we irrevocably consent to the exclusive jurisdiction and venue of the courts in Ontario for all disputes arising out of or relating to this Agreement or the services.

 

North or South America outside the United States and Canada. If you live in North or South America outside the United States and Canada, you are contracting with Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, U.S.A. Washington State law governs the interpretation of this Agreement and applies to claims for breach of it, regardless of conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of the country to which Microsoft directs your services.

 

Europe. If you live in Europe, and you are using cost-free portions of the Service, you are contracting with Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, U.S.A. The laws of Washington State, U.S.A. govern all claims related to cost-free portions of the Service, without prejudice to the mandatory law provisions which apply in the country to which we direct your services. If you have paid to use a portion of the Service, you are contracting with Microsoft Luxembourg S.à.r.l., 20 Rue Eugene Ruppert, Immeuble Laccolith, 1st Floor, L-2543 Luxembourg. The laws of the country to which we direct the Service govern all claims relating to paid portions of the Service, including consumer protection claims.

 

Middle East or Africa. If you live in the Middle East or Africa, and you are using cost-free portions of the Service, you are contracting with Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, U.S.A. The laws of Washington State, U.S.A. govern all claims related to cost-free portions of the Service, without prejudice to the mandatory law provisions which apply in the country to which we direct the Service. If you have paid to use a portion of the Service, you are contracting with Microsoft Luxembourg S.à.r.l., 20 Rue Eugene Ruppert, Immeuble Laccolith, 1st Floor, L-2543 Luxembourg. For the Service, the laws of Luxembourg govern the interpretation of this Agreement and apply to claims for breach of it, regardless of conflict of laws principles. All other claims (including consumer protection, unfair competition, and tort claims) will be subject to the laws of the country to which we direct the Service. You and we irrevocably agree to the exclusive jurisdiction and venue of the Luxembourg courts for all disputes arising out of or relating to this Agreement or the Service.

 

Asia or the South Pacific (unless your country is specifically called out below). Unless your country is specifically called out below, if you live in Asia or the South Pacific, and you are using cost-free portions of the Service, you are contracting with Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, U.S.A. If you have paid to use a portion of the Service, you are contracting with Microsoft Regional Sales Corp., a corporation organized under the laws of the State of Nevada, U.S.A., with a branch in Singapore, having its principal place of business at 438B Alexandra Road, #04-09/12, Block B, Alexandra Technopark, Singapore, 119968. For the Service, Washington State law governs this Agreement. Any dispute arising out of or in connection with the Service or this Agreement, including any question regarding their existence, validity, or termination, will be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Center (SIAC), which rules are deemed to be incorporated by reference into this clause. The Tribunal will consist of one arbitrator to be appointed by the Chairman of SIAC. The language of arbitration will be English. The decision of the arbitrator will be final, binding, and incontestable, and it may be used as a basis for judgment in any country or region.

 

Japan. If you live in Japan, and you are using cost-free portions of the Service, you are contracting with Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, U.S.A. If you have paid to use a portion of the Service, you are contracting with Microsoft Japan Co., Ltd (MSKK), Shinagawa Grand Central Tower, 2-16-3 Konan Minato-ku, Tokyo 108-0075. For the Service, the laws of Japan govern this Agreement. You and we irrevocably agree to the exclusive original jurisdiction and venue of the Tokyo District Court for all disputes arising out of or relating to this Agreement or the Service.

 

China. If you live in China, you are contracting with Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, U.S.A. As to the Service, Washington State law governs this Agreement, regardless of conflict of laws principles. The jurisdiction of the state or federal courts in King County, Washington, USA, is non-exclusive.

 

Republic of Korea. If you live in Korea and you are using cost-free portions of the Service, you are contracting with Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, U.S.A. If you have paid to use a portion of the Service, you are contracting with Microsoft Korea, Inc., 6th Floor, POSCO Center, 892 Daechi-Dong, Kangnam-Gu, Seoul, 135-777, Korea. For the Service, the laws of the Republic of Korea govern this Agreement. You and we irrevocably agree to exclusive original jurisdiction and venue of the Seoul Central District Court for all disputes arising out of or relating to this Agreement or the Service.

 

Taiwan. If you live in Taiwan and you are using cost-free portions of the Service, you are contracting with Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, U.S.A. If you have paid to use a portion of the Service, you are contracting with Microsoft Taiwan Corp., 8F, No 7 Sungren Road, Shinyi Chiu, Taipei, Taiwan 110. For the Service, the laws of Taiwan govern this Agreement. You and we irrevocably designate the Taipei District Court as the court of first instance having jurisdiction over any disputes arising out of or in connection with this Agreement or the Service.

 

7.5          Third-party websites, non-Microsoft products and third-party software components.

 

(a)    Third-Party websites.  You may be able to access third-party websites or services via the Service. Microsoft isn't responsible for third-party websites, services, or material available through those third-party services. You are solely responsible for your dealings with third parties (including advertisers). Your use of third-party websites or services may be subject to that third party’s terms and conditions.

 

(b)   Non-Microsoft Products.  Microsoft may make Non-Microsoft products available via the Service. If Customer installs or uses any Non-Microsoft Product with the Service, you may not do so in any way that would subject Microsoft’s intellectual property or technology to obligations beyond those expressly included in this Agreement. Microsoft assumes no responsibility or liability whatsoever for the Non-Microsoft Product. You are solely responsible for any Non-Microsoft Product that you install or use with the Service.

 

(c)    Third-party Software Components.  Software available through use of the Service may contain third party software components. Unless otherwise disclosed in that software, Microsoft, not the third party, licenses these components to you under Microsoft’s license terms and notices.

 

7.6          Digital Rights Management

 

If you access material protected with digital rights management (DRM), the DRM software may automatically request media usage rights from a rights server online and download and install DRM updates so that you can play the material.

 

7.8          Survival

 

This section and Sections 6.2, 7.1 through 7.4, 7.10 and 7.11, and those that by their terms apply after it ends, will survive any termination or cancellation of this Agreement.

 

7.9          Assignment and transfer

 

We may assign this Agreement, in whole or in part, at any time without notice to you. You may not assign this Agreement or transfer any rights to use the Service.

 

7.10        Notices

 

You consent to Microsoft providing you notifications about the Service or information the law requires us to provide via email to the address that you specified when you signed up for the Service. Notices emailed to you will be deemed given and received when the email is sent. If you do not consent to receive notices electronically, you must stop using the Service. You may notify Microsoft as stated in customer support for the Service.

 

7.11        Contract interpretation

 

This is the entire Agreement between you and Microsoft for your use of the Service. It supersedes any prior agreements between you and Microsoft regarding your use of the Service. All parts of this Agreement apply to the maximum extent permitted by relevant law. If a court or arbitrator holds that we can't enforce a part of this Agreement as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of this Agreement won't change.  Section 7.1(i) says what happens if parts of section 7.1 (arbitration and class action waiver) are found to be illegal or unenforceable.  Section 7.1(i) prevails over this section if inconsistent with it.

                                                   

7.12        No third-party beneficiaries

 

This Agreement is solely for your and our benefit. It isn't for the benefit of any other person, except for Microsoft’s successors and assigns.

 

7.13        Font components

 

You may use the fonts to display and print material only while using the Service. You may not circumvent any embedding restrictions in the fonts.

 

7.14        Support

 

For support, please go to: http://go.microsoft.com/fwlink/?LinkId=619539

 

 

7.15        Export restrictions

 

Microsoft’s free software and services are subject to United States and other jurisdictions’ export and technology laws and you agree to comply with all such applicable laws and regulations that apply to the software and/or services. United States government permission is required to transfer these free software and services to governments of any embargoed country or certain prohibited parties. Please see the U.S. Department of Treasury website (http://go.microsoft.com/fwlink/?LinkID=243206) for more information. Additionally, paid services are subject to United States export laws and regulations with which you must comply. These laws include restrictions on destinations, end users, and end use. For additional information, see Exporting Microsoft Products website (http://www.microsoft.com/exporting).

 

NOTICES

 

Notices and procedure for making claims of intellectual property infringement.  Microsoft respects the intellectual property rights of third parties.  If you wish to send a notice of intellectual property infringement, including claims of copyright infringement, please use our procedures for submitting Notices of Infringement (https://www.microsoft.com/info/cpyrtInfrg.aspx).  ALL INQUIRIES NOT RELEVANT TO THIS PROCEDURE WILL NOT RECEIVE A RESPONSE.

 

Microsoft uses the process set out in Title 17, United States Code, Section 512(c)(2) to respond to notices of copyright infringement. In appropriate circumstances, Microsoft may also disable or terminate User Accounts of users who may be repeat infringers.

 

Notices and procedures regarding intellectual property concerns in advertising. Please review our Intellectual Property Guidelines (http://go.microsoft.com/fwlink/?LinkId=243207) regarding intellectual property concerns on our advertising network.

 

Copyright and trademark notices. All portions of the Service are Copyright © 2015 Microsoft Corporation and/or its suppliers, One Microsoft Way, Redmond, WA 98052, U.S.A. All rights reserved. We or our suppliers own the title, copyright, and other intellectual property rights in the Service, excluding your Customer Data. Microsoft and the names, logos, and icons of all Microsoft products, software, and services may be either trademarks or registered trademarks of Microsoft in the United States and/or other countries. The names of actual companies and products may be the trademarks of their respective owners. Any rights not expressly granted in this Agreement are reserved.