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ONLINE SERVICE AGREEMENT
Dated: April 2012
Section 1 Description of Services
Microsoft Translator delivers automatic translations into a specified language, and other language-related functionality (the “Service”). Microsoft provides access to the Service by means of the Microsoft Translator application programming interface (the “API”) to allow software applications, websites or other interfaces developed to utilize the Service to interact with the Service (the “Application”). An Application does not include an interface that emulates the functionality or is substantially similar to the API. You may subscribe to use the API for your Applications to interact with the Service by way of the Microsoft Windows Azure Marketplace Service (the “Marketplace Service”). The Marketplace Service is an online marketplace located at https://datamarket.azure.com where Marketplace Services, catalogues, data, applications, software, sites, information, materials, content and updates are made available to you. The Marketplace Service is governed by the terms of the Microsoft Windows Azure Marketplace Service Agreement (the “Marketplace Service Agreement”.
Section 2 Acceptance of Terms
This Online Service Agreement is a contract between you and the Microsoft Company listed in Section 23. This contract applies to your use of the Service, the APIs and any documentation, media, services, updates and other materials made available from time to time through the Microsoft Translator webpage of the Microsoft Windows Azure Marketplace Service. You can view the most current version of this contract by clicking the Publisher Offer Terms tab on the Microsoft Translator webpage of the Microsoft Windows Azure Marketplace Service at https://datamarket.azure.com/dataset/1899a118-d202-492c-aa16-ba21c33c06cb. Microsoft may update this contract by posting new terms and conditions. If you do not agree to the changes, you must stop using the Service; if you do not, your use of the Service continues under the changed contract. Your use of certain elements of the Service may be subject to additional guidelines, posted notices, codes of conduct, or the Microsoft Windows Azure Marketplace Service Agreement. These are incorporated by reference into this contract.
By creating an account or accepting this contract, you represent that you are at least 18 years old or have reached the age of “majority” where you live, if that is not 18 years of age. If you are under 18 or have not reached the age of majority, your parent or legal guardian must set up an account on your behalf and accept this contract. Please note that Microsoft does not provide warranties for the Service. This contract also limits our liability. These terms are in sections 10 and 14. Please read them carefully.
Section 3 License
During the term of your subscription and subject to your compliance with this contract, Microsoft provides you a non-exclusive, nontransferable, nonsublicensable, worldwide license to:
• use the API and access the Service to embed the API and underlying content into the Application so that the Application can interface directly with the Service;
• use the API and access the Service to host and presents results from the Service on the Application; and
• use the documentation, media, and other materials made available by Microsoft from time to time for use with the Service and API solely in support of you exercising your rights in this license.
Microsoft will provide you with the means for obtaining unique access credentials to access the Service through the API solely for the purposes stated in this license. You are solely responsible for: (a) keeping your access credentials confidential; and (b) any and all activities that occur under your access credentials. You must promptly notify Microsoft of any unauthorized use of your access credentials or any other breach of security. Microsoft will not be liable for any loss that you incur if someone else uses your access credentials, either with or without your knowledge. However, you could be held liable for losses incurred by Microsoft or another party if someone else uses your access credentials.
Section 4 Microsoft Marks
During the term of your subscription, you will display the Microsoft marks identified on the http://www.microsofttranslator.com/attribution on the same page in the Application as the results presented by the Service for the purpose of identifying that such results are “Translations by Microsoft Translator” (or any successor brand provided by Microsoft during the term or your subscription). Your use of the Microsoft marks will be in accordance with Microsoft’s then current trademark usage guidelines as provided in http://www.microsofttranslator.com/attribution. For use of the Service in an Application other than a website, you will display the Microsoft mark in the “About” box in a manner that will be easily accessible to the user. All questions about displaying Microsoft marks with your Application should be directed to the Microsoft Translator Licensing team at email@example.com.
Section 5 Reserve Right to Modify
Microsoft may change the Service or delete features of the Service at any time and for any reason. Microsoft may cancel or suspend your use of the Service at any time without notice and for any reason. Upon Service cancellation, your right to use the Service stops right away.
Section 6 Use Restrictions
When using the Service you must comply with the terms of this contract, the terms of the Microsoft Windows Azure Marketplace Service Agreement, all applicable laws, and the Microsoft Anti-Spam Policy (http:// http://privacy.microsoft.com/en-us/anti-spam.mspx). You must also obey any policies, codes of conduct, and notices Microsoft provides. The Service may not be available in all countries. You, and any third party working on your behalf, may not:
• Distribute, sell, resell, loan, rent, lease, sublicense, redistribute, assign or otherwise dispose your access credentials, or any part thereof, to any third party including to any affiliate;
• Syndicate, distribute, publish, facilitate, enable, or allow access or linking to the Service directly from the API or any location or source other than the Application (or in any manner except directly to users through the Application);
• Modify the Service or API or create from use of the Service or API:
• for patentable or patented material, any improvement;
• for material which is protected by trade secret, any new material derived from such existing trade secret material, including new material which may be protected by copyright, patent and/or trade secret; and
• for copyrightable or copyrighted material, any portation, modification, correction, bug fix, addition, extension, upgrade, improvement, compilation, abridgment or other form in which an existing work may be recast, transformed or adapted;
• Use the Service or API for any unauthorized purpose;
• Misrepresent your identity or interfere with any other party's use and enjoyment of the Service;
• Damage, disable, overburden, or impair the Service (or any network connected to the Service);
• Use or attempt to use any unauthorized means to modify, reroute, or gain access to the Service; and
• Remove, modify, or tamper with any notice or link that is incorporated into the Service.
If Microsoft believes that you are making unauthorized or improper use of the Service, Microsoft may take such action as it deems appropriate without notice to you. These actions may include blocking access to the Service and APIs from a particular access credential, internet domain, or IP address. Microsoft may at all times: (a) disclose any information as Microsoft deems necessary to satisfy any applicable law, regulation, legal process or governmental request; or (b) edit or to remove any information or materials, in whole or in part.
Section 7 Reservation of Rights
Microsoft retains all rights, title, and interest in and to the Service, API, and any materials Microsoft makes available API through the Microsoft Translator webpage of the Microsoft Windows Azure Marketplace Service. This includes all copyrights, patents, trade secrets, trademarks, and other intellectual property rights. Microsoft reserves all rights not expressly granted.
Section 8 Term
This contract starts on the date you accept it. It continues until your subscription has expired, been canceled or terminated. You may terminate this contract without cause at any time by cancelling the Service as described in section 4(f) of the Microsoft Windows Azure Marketplace Service Agreement. Microsoft may cancel the contract at any time without cause as described in section 5. A party may also terminate the contract for cause on 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period. The following sections will survive any termination or expiration of the Service: 7-14 and 19-21.
Section 9 Submissions Provided to Microsoft
Microsoft does not claim ownership of the content you or your customers submitted to the Service. Your content remains your content. Microsoft does not control, verify, or endorse the content that you, your customers or others submit to the Service.
You hereby grant to Microsoft and its affiliates the right to keep a copy of and use the content you or your customers submitted to the Service, for the exclusive purpose of improving the Service. Microsoft will not otherwise disclose the content to a nonaffiliated third party, except in presenting the results from the Service on the Application and where required by law. Improving the Service will include Microsoft using your and your customer’s submissions to derive statistical and quantitative information about the text being translated, in order to help build and apply appropriate models to optimize the translation.
Content submitted using the AddTranslation() or AddTranslationArray() methods of the API, or when using any of the feedback and corrections functions made available by the Service, is considered “shared content”, and the submission or correction may be visible to other users of the Service as a match of the same source (“from”) sentence or text segment, using the GetTranslations() and GetTranslationsArray() methods. The shared content does not contain information that indicates its origin.
If your subscription expires or is suspended, canceled or terminated, all content submitted pursuant to that subscription may be permanently deleted or irretrievable from Microsoft’s servers. Microsoft has no obligation to return such content to you.
Section 10 Privacy
Your privacy is important to Microsoft. Microsoft uses certain information collected from you to operate and provide the Service. As part of the Service, Microsoft may automatically upload information about your machine, your use of the Service and Service performance. Microsoft may access or disclose information about you, including the content of your communications or content on the Service. Microsoft may do so in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of Microsoft or its customers, including the enforcement of Microsoft agreements or policies governing your use of the Service; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Microsoft employees, customers, or the public. Please read the Microsoft Online Privacy Statement (https://datamarket.azure.com/privacy) to learn how Microsoft uses and protects your information.
Section 11 No Warranty
• Microsoft provides the Service, the API, and associated materials "as is," "with all faults," and "as available".
• Microsoft does not guarantee the suitability, reliability, availability, accuracy or timeliness of information available from the Service or API.
• Microsoft does not guarantee that the Service or API will be uninterrupted, secure, error-free or that data loss will not occur.
• You acknowledge that computer and telecommunications systems are not fault-free and occasional periods of downtime will occur.
• Microsoft gives no express warranties, guarantees, or conditions. Microsoft disclaims all warranties with regard to the Service, the API, and associated materials. This includes any implied warranties (e.g., those of merchantability, fitness for a particular purpose, workmanlike effort, title, and non-infringement).
• You may have additional consumer rights under your local laws that this contract cannot change.
Section 12 Copyright and Trademarks
All Service materials, except user-generated content, are Copyright © 2011 Microsoft. All rights reserved. Copyright and other intellectual property laws and treaties protect any software or materials provided as part of the Service. Microsoft or its suppliers own the title, copyright, and other intellectual property rights in the software and materials.
Information on Microsoft trademarks is available at http://www.microsoft.com/About/Legal/EN/US/IntellectualProperty/Trademarks/EN-US.aspx. This contract does not grant or imply any rights to any Microsoft or supplier trademark, trade name or logo. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Section 13 Copyright Claim Notice and Procedure
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service provider's designated agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. For details and contact information see Notice and Procedure for Making Claims of Copyright Infringement at http://www.microsoft.com/info/cpyrtinfrg.htm.
Section 14 Claims Must Be Filed Within One Year
To the extent permitted by law, any claim related to this contract, the Service, the API or associated materials must be brought within one year. The one-year period begins on the date when the claim first accrues. Any claim that is not filed within that time is permanently barred. This section applies to you and your successors. It also applies to us and our successors and assigns.
Section 15 Limitation of Liability
You can recover from Microsoft for all successful claims only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, special, indirect, incidental, or punitive damages and lost profits.
This limitation applies to anything related to this contract, for example:
• The Service;
• The API;
• Loss of data;
• Your content, third party content (including code), third party programs, or third party conduct;
• Viruses or other disabling features that affect your access to or use of the Service;
• Incompatibility between the Service, API and other services, software, hardware or Applications;
• Delays or failures you may have in initiating, conducting, or completing any transmissions or transactions in connection with the Service in an accurate or timely manner; and
• Claims for breach of contract; breach of warranty, guarantee, or condition; misrepresentation; strict liability; negligence; or other tort.
It also applies even if this remedy does not fully compensate you for any losses, fails of its essential purpose or Microsoft knew or should have known about the possibility of the damages.
This contract does not affect the statutory rights of any consumer. It also does not exclude or restrict liability for death or personal injury arising from Microsoft’s negligence, fraud, or its gross negligence or willful intent. Some or all of these limitations or exclusions may not apply to you if your state, province, or country does not allow the exclusion or limitation of incidental, consequential or other damages.
Section 16 Notice
Microsoft may send you, in electronic form, information about the Service, additional information, and information the law requires Microsoft to provide. Microsoft may provide required information to you by email at the address 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 don't consent to receive notices electronically, you must stop using the service.
Section 17 Support Microsoft offers support for the Service on the Microsoft Translator forum: http://social.msdn.microsoft.com/Forums/en-US/microsofttranslator/, and via email.
Section 18 Your Privacy Practices
Section 19 Export
The Service and API are subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Service and API. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
Section 20 No additional obligations
Nothing contained in this contract is deemed to grant you or Microsoft, directly or by implication, estoppel, or otherwise, any license other than any specific grant mentioned in this contract. Nothing in this contract will require you or Microsoft to enter into any additional agreements (including any license agreement or other agreement that could grant you any further rights in the Service or API). Microsoft has no obligation to update or make available any further versions of the Service or API.
Section 21 Contract Interpretation
All parts of this contract apply to the maximum extent permitted by law. A court may hold that you or Microsoft cannot enforce a part of this contract as written. If this happens, then you and Microsoft will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This is the entire contract between you and Microsoft regarding your use of the Service. It supersedes any prior contract or oral or written statements regarding your use of the Service and any prior version of the contract. Where the terms of this contract conflict with those of the Microsoft Windows Azure Marketplace Service Agreement, the terms of this contract will prevail. The section titles in the contract do not limit the other terms of this contract.
Section 22 Assignment
Microsoft may assign, transfer, sell, rent, lend or otherwise dispose our rights and obligations under this contract. Microsoft may do this in whole or part, at any time without notice to you. You may not temporarily or permanently assign any part of this contract or any rights to use the Service to any other party. Any attempt to do so is void.
Section 23 Governing Law
Contracting party, choice of law, and location for resolving disputes.
(a) If you live in or your business is headquartered in North or South America, you are contracting with Microsoft Corp., One Microsoft Way, Redmond, WA 98052, USA, and Washington State law governs the interpretation of this contract 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 your state of residence in the United States, or, if you live outside the United States, the laws of the country to which Microsoft directs your Service. You and Microsoft irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, USA, for all disputes arising out of or relating to this contract.
(b) If you live in or your business is headquartered in Europe, you are contracting with Microsoft Luxembourg S.à.r.l., 20 Rue Eugene Ruppert, Immeuble Laccolith, 1st Floor, L-2543 Luxembourg. All claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of Luxembourg or of the country in which you reside. With respect to jurisdiction, you may choose the responsible court in Luxembourg or in the country in which you reside for all disputes arising out of or relating to this contract.
(c) If you live in or your business is headquartered in the Middle East or Africa, you are contracting with Microsoft Luxembourg S.à.r.l., 20 Rue Eugene Ruppert, Immeuble Laccolith, 1st Floor, L-2543 Luxembourg, and the laws of Luxembourg govern the interpretation of this contract and apply 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 Service. You and Microsoft irrevocably agree to the exclusive jurisdiction and venue of the Luxembourg courts for all disputes arising out of or relating to this contract.
(d) Unless your country is specifically called out below, if you live in or your business is headquartered in Asia or the South Pacific, you are contracting with Microsoft Regional Sales Corp., a corporation organized under the laws of the State of Nevada, USA, with a branch in Singapore, having its principal place of business at 438B Alexandra Road, #04-09/12, Block B, Alexandra Technopark, Singapore, 119968, and Washington State law govern this contract. Any dispute arising out of or in connection with this contract, including any question regarding its 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.
(e) If you live in or your business is headquartered in Japan, you are contracting with Microsoft Japan Co., Ltd (MSKK), Shinagawa Grand Central Tower, 2-16-3 Konan Minato-ku, Tokyo 108-0075. The laws of Japan govern this contract and any matters arising out of or relating to it. You and Microsoft irrevocably agree to the exclusive original jurisdiction and venue of the Tokyo District Court for all disputes arising out of or relating to this contract.
(f) If you live in or your business is headquartered in China, you are contracting with Microsoft Corp., One Microsoft Way, Redmond, WA 98052, USA. As to those Services, Washington State law governs this contract, regardless of conflict of laws principles. The jurisdiction of the state or federal courts in King County, Washington, USA, is nonexclusive.
(g) If you live in or your business is headquartered in Korea, you are contracting with Microsoft Korea, Inc., 6th Floor, POSCO Center, 892 Daechi-Dong, Kangnam-Gu, Seoul, 135-777, Korea, and the laws of the Republic of Korea govern this contract. You and Microsoft irrevocably agree to exclusive original jurisdiction and venue of the Seoul District Court for all disputes arising out of or relating to this contract.
(h) If you live in or your business is headquartered in Taiwan, you are contracting with Microsoft Taiwan Corp., 8F, No 7 Sungren Road, Shinyi Chiu, Taipei, Taiwan 110, and the laws of Taiwan govern this contract. You and Microsoft 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 contract.
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