MICROSOFT BUSINESS APPLICATION PLATFORM SHOWCASE GALLERY TERMS OF SERVICE
DATED: March 1, 2020
The Gallery enables you to obtain algorithms, formulas, sample files, and datasets (“Showcases”) for use with the Microsoft product or service for which the Showcase is designed. Each Showcase is distributed and licensed to you by the publisher whose name is indicated in the listing for the Showcase, not by Microsoft (unless Microsoft is listed as the publisher). Information about the Showcase, including information that appears in the listing, also originates from the publisher, and Microsoft is not responsible for its accuracy.
Your use of a Showcase is subject to the terms set forth in Exhibit A, unless the Showcase is presented with different terms. No right or license to any intellectual property of Microsoft or any of its affiliates is granted with respect to any Showcases. You are responsible for identifying, understanding and complying with the relevant legal terms for any Showcase you use.
Microsoft does not guarantee, endorse or assume any liability for the Showcases or information about the Showcases, and it does not provide any support for the Showcases.
If you view and use a Showcase, your contact information and details about the transaction may be visible to others.
You may not interfere or attempt to interfere in any manner with the functionality or proper performance of the Gallery or the Services. You may not access or use the Gallery or the Services for any unlawful, harmful or deceptive purpose or in any way that is illegal or promotes illegal activities. Without limitation, you may not access or use them in any manner that (a) is discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age, (b) is defamatory, offensive, malicious or harmful to any person or entity, (c) would violate local, state, federal or other applicable privacy regulations, (d) is intended, designed or likely to damage, disable, overburden, or impair or to gain unauthorized access to the Services or any server or network of Microsoft or to other accounts, computer systems or networks connected to them, or (e) would use any information obtained through them for spamming, unsolicited sales or any advertising, or marketing. You may not frame, mirror, or incorporate the Gallery user interface in part or in whole within your own online environment.
Notifications of claimed copyright or trademark infringement must be sent to Microsoft’s designated agent according to the process provided at http://www.microsoft.com/info/cpyrtInfrg.htm.
The links made available on the Gallery may let you leave this web site. The linked sites are not under the control of Microsoft, and Microsoft is not responsible for the contents of any linked site or any link contained in a linked site. The inclusion of any link does not imply that Microsoft endorses the site.
This web site may include software that enables you to obtain software applications from other sources. Those applications are offered and distributed by third parties under their own license terms. Microsoft is not developing, distributing or licensing those applications to you, but instead, as a convenience, enables you to use this web site or software provided herein to obtain those applications directly from the application providers. By using the web site and such software, you acknowledge and agree that you are obtaining the applications directly from the third party providers and under separate license terms, and that it is your responsibility to locate, understand and comply with those license terms. Microsoft grants you no license rights for third-party software or applications that are obtained using this web site or any software provided to you.
The Gallery and all the Services are provided "as-is," "with all faults" and "as available." On behalf of itself and its suppliers, licensors, service providers, vendors, resellers and affiliates (collectively, the "Microsoft Parties"), Microsoft disclaims any and all warranties, guarantees and conditions of purchase for the Gallery and the Services, including any implied warranties including those of merchantability, title, fitness for a particular purpose, workmanlike effort and non-infringement.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT PARTIES BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT OR OTHERWISE) FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF DATA OR OTHER INFORMATION, USE, GOODWILL) ARISING OUT OF, BASED ON, OR RESULTING FROM YOUR USE OR INABILITY TO USE THE GALLERY OR THE SERVICES. WITHOUT LIMITING THE ABOVE, MICROSOFT PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM (A) COST OF PROCURING SUBSTITUTE GOODS, DATA, SOFTWARE PROGRAMS, CONTENT OR SERVICES; (B) UNAUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNTS; (C) ANY ALTERATION, CORRUPTION, DELETION, DAMAGE OR LOSS OF ANYTHING USED IN CONNECTION WITH THE GALLERY OR THE SERVICES; (D) FAILURE TO PROVIDE ACCURATE OR COMPLETE INFORMATION WITH RESPECT TO THE GALLERY OR THE SERVICES; (E) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ONLINE ACCESS TO OR USE OF THE GALLERY OR THE SERVICES; (F) INCOMPATIBILITIES BETWEEN THE GALLERY OR THE SERVICES AND OTHER SERVICES, SOFTWARE OR HARDWARE; (G) ANY THIRD-PARTY CONDUCT OR TRANSMISSIONS OR DATA. THESE LIMITATIONS ON LIABILITY APPLY EVEN TO LOSSES OF WHICH MICROSOFT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY. SUCH LOSSES WILL NOT CONSTITUTE A FAILURE OF THIS AGREEMENT’S ESSENTIAL PURPOSE.
You agree to defend, indemnify, and hold harmless Microsoft and Microsoft’s affiliates, as applicable, from and against (including by paying any associated costs, losses, damages, or expenses and attorneys’ fees) any and all third-party claims alleging that your Showcase infringes any proprietary or personal right of a third party or arising from any dispute between you and a third party relating to your Showcase.
Microsoft will (a) notify you promptly in writing of the claim, provided that Microsoft’s failure to notify you will not relieve you of any liability except to the extent that such failure materially prejudices your legal rights; and (b) at your reasonable request, provide you with reasonable assistance in defending the claim. You agree to reimburse Microsoft or Microsoft’s affiliates, as applicable, for any reasonable out-of-pocket expenses incurred in providing such assistance. You may not make any settlement or compromise of a claim or admit or stipulate any fault or liability on the part of Microsoft or Microsoft’s affiliates with respect to any claim covered by this section without Microsoft’s express, prior written consent.
Microsoft reserves all rights not expressly granted in these Terms of Service. No additional rights (including implied licenses, rights or covenants) are granted by implication, estoppel or otherwise.
The law of Washington State, U.S.A., governs the interpretation of these Terms of Service and applies to claims relating to them, regardless of conflict of laws principles. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, U.S.A., for all disputes arising out of or relating to the Gallery or these Terms of Service.
If a court holds that we cannot enforce a part of these Terms of Service as written, then you and we agree that the court will replace that part with terms that most closely reflect our intention, and the rest of these Terms of Service will not change. These Terms of Service form the entire agreement regarding your use of the Gallery and the Services and supersede any prior agreements or statements (whether oral or written) regarding such use.
We may change these Terms of Service at any time, with or without prior notice to you. Changes will apply to your use of the Gallery and the Services starting from when the changes are made. If you do not agree with any changes, you may not continue to use the Gallery.
Exhibit A – Standard Showcase License Terms
BUSINESS APPLICATION PLATFORM SHOWCASE GALLERY – STANDARD SHOWCASE LICENSE TERMS
These license terms are an agreement between you and the Showcase publisher. Please read them. They apply to the Showcase you download from the Showcase Gallery, including any updates or supplements for the Showcase (the “Showcase”), unless the Showcase comes with separate terms, in which case those terms apply.
BY DOWNLOADING OR USING THE SHOWCASE, OR ATTEMPTING TO DO ANY OF THESE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, YOU HAVE NO RIGHT TO AND MUST NOT DOWNLOAD OR USE THE SHOWCASE.
The Showcase publisher means the entity licensing the Showcase to you, as identified in the Showcase Gallery.
If you comply with these license terms, you have the rights below.
This limitation applies to
It also applies even if