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Microsoft Azure Machine Learning Text Analytics API Terms of Service(Last updated: January 2015) Currently in Public Preview
What does this contract cover?
This contract (the “Agreement”) is an agreement between you and Microsoft Corporation (“Microsoft”). Sometimes Microsoft is referred to as “we,” “us,” or “our.” This Agreement applies to your use of the Microsoft Azure Machine Learning Text Analytics API service (the “API”), which can be obtained through the Microsoft Azure Marketplace at http://datamarket.azure.com. The API is intended to demonstrate the capabilities of Microsoft Azure Machine Learning in the context of analyzing text. However, this Agreement does not grant rights to use Microsoft Azure, including Microsoft Azure Machine Learning. Access to Microsoft Azure must be obtained and (as applicable) paid for separately. For more information on using and purchasing access to Microsoft Azure, please visit http://www.azure.com. The API is intended to deliver relevant results, but please note that we do not provide warranties or a service level agreement for the API. This Agreement also limits our liability. We provide the API solely on an “as is” basis, in accordance with Section 9.
What rights do you have?
Solely to the extent that you are in compliance with all terms of this Agreement, we grant you a non-exclusive, non-transferable, non-sublicenseable license to transmit data to, and receive results from, the API. Your license to use the API is limited to solely your own applications, services, and websites (collectively, “Client Applications”). You may make your Client Applications available to others, if the Client Applications add material functionality to the API and are not primarily a substitute for the API, and are accompanied by a privacy statement as described in Section 4. We reserve all other rights.
Code of conduct / restrictions on use
You may use the API only in accordance with this Agreement. You may not reverse engineer, decompile, disassemble, or work around technical limitations in the API, except to the extent that applicable law permits it despite these restrictions. Such technical limitations may include limits or throttling of the size or frequency of calls into the API and results returned by the API, and other means to protect the API, protect our customers, or stop you from breaching this Agreement. You may not disable, tamper with, or otherwise attempt to circumvent any billing mechanism that meters your use of the API. You may not rent, lease, lend, resell, transfer, or sublicense the API or any portion thereof to or for third parties. Additionally, you will not and will not permit users of your Client Applications to use the API: • in a way prohibited by law, regulation, governmental order or decree; • to violate the rights of others; • to try to gain unauthorized access to or disrupt any service, data, account or network by any means; • to falsify any protocol or email header information (e.g., “spoofing”); • to spam or distribute malware; • in a way that could harm the API or impair anyone else’s use of it; • or for any high risk use (where failure or fault of the API could lead to death or serious bodily injury of any person, or to severe physical or environmental damage).
How we may change the contract
If we modify this Agreement, then we will provide notice as described in Section 11 below. If you do not agree to any such modifications, then you must stop using the API. If you do not stop using the API, then your use of the API will continue under the modified Agreement. We may choose in the future to increase charges (or ceasing charging) for all use of the API, or change the requirements for use of the API. If we choose to change the fee requirements for the API, Microsoft will provide notice of such terms as described in Sections 6 and 11 below, and you may elect to stop using the API rather than incurring additional fees. Any documents or websites incorporated into this Agreement by reference or link may be modified and updated from time to time by Microsoft and upon such modification or update will be deemed a part of this Agreement.
Fees and payment
The pricing terms for the API set forth on the Microsoft Azure Marketplace website, and the payment terms set forth here apply to your use of the API and are hereby incorporated by reference into this Agreement. Such pricing and payment terms apply only to your use of the API; you may incur separate costs associated with integrating the API into your Client Applications, support, and other activities undertaken in connection with setting up, providing, and maintaining your Client Applications, if any. Microsoft reserves the right, in its sole discretion, to charge additional (or lesser or no) fees for use of or access to some or all of the API. If Microsoft decides to charge additional (or lesser or no) fees for the API, such fees and additional terms and conditions will be disclosed to you prior to the effective date when such fees or requirements would be imposed. If you do not agree to any such modifications, then you must stop using the API. If you do not stop using the API, then your use of the API will continue under the modified Agreement.
You will indemnify and hold Microsoft and its directors, officers, affiliates, and agents harmless from and against any and all loss, liability, and expense (including reasonable attorneys’ fees and costs) suffered or incurred by reason of any claims, proceedings, or suits based on or arising out of any breach (or alleged breach) by you of this Agreement, or any part of it, or that otherwise relates to your Client Application, or your use of the API. You will be solely responsible for defending any claim using mutually agreed counsel, subject to Microsoft's right to participate with counsel it selects, and you will not publicize any claim or agree to any settlement that imposes any obligation or liability on Microsoft (or its directors, officers, affiliates, and agents) without Microsoft's prior written consent, such consent provided by Microsoft in its sole discretion.
This Agreement may be terminated immediately for any reason or no reason and without notice by Microsoft. If this Agreement terminates, all rights granted to you by this Agreement will automatically terminate and you will cease to have any rights to use the API. We will not be liable to you for damages resulting solely from terminating this Agreement according to its terms. All terms of this Agreement that, by their nature, are intended to survive termination will survive (including, without limitation, Sections 8, 9, and 11).
Liability disclaimer; limitation of liability
THE API IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MICROSOFT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE FOREGOING, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL MICROSOFT BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE API. THE AGGREGATE LIABILITY OF MICROSOFT ARISING UNDER THIS AGREEMENT WILL NOT EXCEED $5.00 USD.
Changes to the API
We may change (including by removing features, or charging additional fees for features previously provided free or at different rates), update, or enhance (collectively, “modify,” or “modification”) the API at any time and may require you to use the most recent version. Modifications may affect your ability to use the API and may require you to change (at your sole cost) the way you previously used them. If any modification is unacceptable to you, your only recourse is to stop using the API. Your continued use of the API following any posted update or change to the API will constitute your binding acceptance to these terms as revised by the update or change. We will not be liable for any costs that you incur, or for lost profits or damages of any kind, related to any such modification. We may cancel or suspend your use of the API or our offering of the API partially or in its entirety at any time. Our cancellation or suspension may be without cause, without notice, or both. Upon cancellation, your right to use the API (including, without limitation, the API) will cease immediately. Once the API is cancelled or suspended, any data you have stored on the API (to the extent applicable) may not be retrieved later.
• Assignment. We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign, including by operation of law, this Agreement, or any part of it, to any other person or entity without our prior written consent. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the API or any part of the API. • No third-party beneficiaries. This Agreement is solely for your and our benefit. It is not for the benefit of any other person or entity, except for permitted successors and assigns under this Agreement. • Time limit for claims. Any claim related to this Agreement or the API may not be brought unless brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns. • Export. The API is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the API. These laws include restrictions on destinations, end users, and end use. Additional information is provided here (as it may be updated from time to time). • Notices. You may notify Microsoft by postal mail (Microsoft does not accept email notices relating to this Agreement) addressed as follows: Microsoft Corporation, Attention: LCA – Microsoft Azure Attorneys, One Microsoft Way, Redmond, Washington 98052, USA. This Agreement is in electronic form, and you consent to Microsoft sending you any information related to this Agreement in electronic form (by email, by access to a Microsoft website designated in an email notice to you, or by posting notice on the relevant Microsoft website). • Severability. If any part of this agreement is held unenforceable, the rest remains in full force and effect. • Waiver. Failure to enforce any provision of this agreement will not constitute a waiver. • No agency. You and Microsoft are independent contractors. This agreement does not create an agency, partnership, or joint venture. • Entire agreement. This agreement is the entire agreement concerning its subject matter and supersedes any prior or concurrent communications. • Applicable law and venue. This agreement is governed by State of Washington law, without regard to its conflict of laws principles, except that (i) if you are a U.S. Government entity, this agreement is governed by the laws of the United States, and (ii) if you are a state or local government entity in the United States, this agreement is governed by the laws of that state. Any action to enforce this agreement must be brought in the State of Washington. This choice of jurisdiction does not prevent either party from seeking injunctive relief in any appropriate jurisdiction with respect to violation of intellectual property rights.