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Last Updated - 12 June 2015
1. WHAT DOES THIS CONTRACT COVER? This is a contract between the entity you represent or, if you do not represent another entity in connection with the Service, you individually (“you” or “your”) and Microsoft Corporation ("Microsoft," "we," "us" or "our”). This contract applies to use of the Microsoft Bing Search API (the “API”) and the content available through queries to the API (“Bing results”). As used in this contract, "Services" means, collectively and as applicable, the Bing results and the API.
These terms permit your use of the API only for search-like experiences on consumer end-user-facing websites and consumer end-user-facing applications that you own or control (“Property” or “Properties”). This contract incorporates by reference the pricing and payment terms applicable to the Service, and all applicable guidelines, documentation or requirements, technical, operational or otherwise relating to the Services, including without limitation the API documentation found at: http://www.bing.com/dev/, (or any successor location) as they may be published and updated by Microsoft from time to time.
Please note that we do not provide warranties for the Service. This contract also limits our liability. These terms are in Section 14 and Section 15 and we ask you to read them carefully. We provide the Services solely on an "as is" and "as available" basis. We also reserve the right to vary the Services, including to particular Properties and users, in our sole discretion. For your information only, and without liability to you or to any third party if we fail to achieve the goals, our service level goals are as follows:
Uptime*: 99.5% of the time, on average, as measured over a 12 month period.
Query Response Time**: Microsoft’s response time averages no more than 1.5 seconds in aggregate over a 12 month period. Latency in delivery of Bing results depends on many factors, including factors outside Microsoft’s control such as bandwidth and server capacity.
*"Uptime" means the percentage of time that Bing services are operational to receive, process, and respond to queries, excluding scheduled downtime (if any).
**"Query Response Time" means the time between when Microsoft has received the query transmission from Company (i.e., the query arrives at Microsoft’s network border) to when Microsoft begins to transmit a response back to Company (i.e., when the response begins to leave Microsoft’s network border).
2. SERVICE. You may, on a non-exclusive, non-transferable basis, use the Services to (i) query the Bing API in response to users’ individual intentionally-initiated internet search queries on Properties; and (ii) display Bing results in a search-like experience on the Properties in response to such queries. This includes making limited temporary intermediate copies of the Bing results solely as necessary to display them on your Property. Your use is limited solely to display on consumer end user-facing Properties you own or control. Microsoft and its suppliers retain all right, title, and interest in and to the Services (including the API and Bing results) and all intellectual property rights in any of these.
You are responsible for all conduct and content in connection with the Properties while using the Services, and for any consequences of your conduct, operation of the Property, and the combination of Bing results with the Property. Upon Microsoft request, you will provide Microsoft a list of all your Properties using the Service, and such other information and materials related to your use of the Service and compliance with this agreement as Microsoft may reasonably request.
3. DISPLAY OF RESULTS. Bing results may be provided from several Source Types, depending on which of them you request. “Source types” are categories of information available as Bing results, for example Web, News, Spell, Video, Image and Related Search, as described in API documentation. Microsoft may make more or fewer Source Types available through the API at any time. The following display requirements apply to Bing results:
•Attribution and branding. When we include trademark(s), logo(s) or other attribution or branding of Microsoft or third parties in Bing results, you will not remove, modify, or interfere with the display or viewing of those parts of the Bing results. Whether we include such attribution or branding or not, you will attribute us as the source of the Bing results in the manner that we may specify from time to time in applicable Services documentation and our product guidelines (as updated from time to time), currently found at http://www.bing.com/toolbox/bingdeveloper/ (or any successor location).
•Microsoft advertising. On any page in which you display Bing results, you will only display advertising that Microsoft serves or provides. If Microsoft includes advertising in Bing results, you will not remove, modify, or interfere with the display or viewing of this advertising.
•Additional limitations for image, news and video results. You must not display advertising on the same page with any Bing image, news or video search results. Image, news or video search results obtained through the Services must not constitute the sole or primary content of any Property.
4. RESTRICTIONS ON USE. Your Properties and your access to and use of any or all of the Service, must comply with all applicable Microsoft policies and guidelines (including, without limitations, any API call volume limitations, security policies, and privacy policies), requirements and documentation, and all applicable laws (including, without limitation, the applicable laws of your jurisdiction relating to online conduct, acceptable content, data collection, privacy, and the export of data to the United States or your location). This contract does not grant you any rights related to any services, materials, content, or data other than set out in this contract specific to your use of the Service. You will not, and will not permit your users or other third parties to:
(a) edit, modify, reverse engineer, decompile, or otherwise alter the Service, except where the foregoing are expressly permitted by law;
(b) distribute, publish, syndicate, redistribute, transfer, transmit, make available to third parties, or enable, or allow access or linking to the Service from any location or source other than your Property;
(c) edit, modify, translate, filter, remove, obscure, truncate, or add to or change the order of, or replace the text, images, or other content of Bing results;
(d) display Bing results with search results from other sources or with other content so that such other search results or content appears as displayed to be part of the Bing results, other than in either case blending and displaying with your own proprietary information;
(e) frame, minimize, remove, redirect, delay, or otherwise inhibit or modify the display of any web page accessed by the links provided in or associated with Bing results;
(f) hide or mask from us your identity, or the identity of your Property, as it uses the Services, including by failing to follow the identification conventions listed in the API documentation;
(g) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others or otherwise violate Microsoft's then-current editorial policies (found at http://advertise.bingads.microsoft.com/en-us/bing-ads-policies (or any successor location), and which may be updated from time to time);
(h) impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations (e.g., copyright or trademark symbols), or labels of the origin or source of services, software, or other materials;
(i) use the Services to violate applicable laws (including infringement of any intellectual property rights or similar rights) or for any unauthorized purpose;
(j) interfere with or disrupt the Services, or servers or networks related to the Services, or disobey any requirements, procedures, policies, or regulations of networks related to the Services;
(k) create user accounts by automated means or under false or fraudulent pretenses;
(l) promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual;
(m) copy, store, or cache any Bing results, except for the limited, temporary intermediate purpose allowed in Section 2;
(n) commercialize (i.e., sell, rent, or lease) Bing results whether or not a fee or consideration is payable to you;
(o) knowingly transmit any virus, worm, defect, spyware, malware, ransomware, Trojan horse, or any other item intended to destroy, surreptitiously interfere with, expropriate, or exert unauthorized control over any system or data or to defraud any person;
(p) directly or indirectly generate impressions or clicks on Bing results, or authorize or encourage others to do so, though any automated, deceptive, fraudulent, or other invalid means or through the use of incentives (e.g. awarding cash, points, contest entries, etc.);
(q) take any action to remove the hyperlinks included as a part of any transmitted Bing results; or
(r) (i) create or attempt to create a substitute or similar service or product as that of the Service or the www.bing.com site and related Bing search services through use of or access to any of the Services or related proprietary information or Bing results or (ii) use the Services as part of any machine learning or similar algorithmic activity in order to train new or existing services which you or third parties may offer; or
(s); mask or obscure the user agent or IP address of a user requesting Bing results through a Property.
5. END USER TERMS. At all times while using Services with your Properties, you must maintain an agreement with the end users of your Properties, that: (i) does not make or purport to make any representation or warranty (express, implied, statutory, or otherwise), on behalf of Microsoft; (ii) does not create or purport to create any support or other obligations on the part of Microsoft, with respect to the Services or otherwise; and (iii) constitutes a legally binding agreement under applicable laws.
6. PRIVACY. We receive query data from your Property to deliver Bing results for display to end users. The queries you send to the Services are subject to the data practices described in the end user privacy statement for services powered by Bing (as updated from time to time), at http://go.microsoft.com/fwlink/?LinkId=521839 (or any successor location).
You must prominently display, maintain and comply with a privacy statement for each Property that exchanges data with the Services. The privacy statement must include, at a minimum, a full, accurate, and clear disclosure regarding the placement, use, and reading of cookies and related technologies, and your collection, use, storage and transfer of data in relation to activity by users of your Properties.
7. LIMITING THE SERVICE. We may use technology or other means to protect the Services, protect our customers, or stop you from breaching this contract. These means may include, for example, filtering to stop spam or increase security. These means may hinder or prevent your use of the Services. We also may, in our sole discretion, limit the: (a) rate at which the Services, or any subset of them, may be called or made available; and (b) the length of individual content segments that may be uploaded to, or served from, the Services (all of the foregoing being forms of "Throttling"). We may perform this Throttling globally across all Services, per end user, or on any other basis. You will not take steps to circumvent or disable any technical measures we may put in place to enforce Throttling.
8. CHANGES TO THE SERVICES; CANCELLATION OF THE SERVICES. We may change (including by removing features, adding or removing Source types, or charging additional fees for features previously provided free or at different rates), update, or enhance (collectively, "modify," or "modification") the Services at any time and may require you to obtain and use the most recent versions. Modifications may affect your ability to use the Services 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 cancel your subscription and stop using the Services. Your continued use of the Services following any posted update or change to the Services will constitute your binding acceptance to 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 Services or our offering of the Services 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 Services will cease immediately. Once the Services are cancelled or suspended, any data you have stored on the Services may not be retrieved later.
9. HOW WE MAY CHANGE THE CONTRACT. If we modify this contract, then we will provide notice as described in Section 22 below. If you do not agree to any such modifications, then you must stop using the Services. If you do not stop using the Services, then your use of the Services will continue under the modified contract. Any documents or websites incorporated into this contract 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 contract.
10. FEES AND PAYMENT. The price, payment terms, and other terms and conditions for the particular offer for Services that you choose are detailed in the marketplace or channel through which you signed up for the Services, and are hereby incorporated by reference.
11. INDEMNIFICATION. You will indemnify and hold Microsoft and its suppliers (and their directors, officers, affiliates, and agents) harmless from and against any and all loss, liability, costs 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 contract, or any part of it, or that otherwise relates to your Properties or your use of the Services. You will be solely responsible for defending any claim using mutually-agreed counsel, subject to our right to participate with counsel we select, and you will not publicize any claim or agree to any settlement that imposes any obligation or liability on or admits any wrongdoing by, us or our suppliers (or their directors, officers, affiliates, and agents) without our prior written consent, such consent provided by us in our sole discretion.
12. BRAND FEATURES. You must not use any logo, trademark, or service mark obtained in connection with the Services for any purpose without our prior written approval, other than to attribute under the following license. You have a limited, non-exclusive, non-transferable, royalty-free license during the term of your use of the Services to use, reproduce, distribute and display the Microsoft trademarks, service marks, logos and other distinctive brand features specifically contemplated in the Bing Product Guidelines (currently found at http://download.microsoft.com/download/0/4/E/04E076D4-60B2-4D31-BCC7-C4805B558DBB/Bing%20product%20guidelines.pdf) and API documentation as such guidelines and documentation may be updated from time to time (the "Microsoft Brand Features"), so long as your use is strictly in accordance with such guidelines and documentation and solely for the purpose of attribution of the Services. You do not have a license to any additional or third party logo, trademark or service marks delivered as part of Bing results. Logos, trademarks and service marks accompanying Bing results are to be displayed only as an integral part of the Bing results, as described in Sections 3 and 4 and in the API documentation. You will not claim or imply any sponsorship or endorsement of your Property by Microsoft, and will not use any Microsoft Brand Feature in a way that is misleading or deceptive. All uses of Microsoft Brand Features and all goodwill associated therewith insure solely to the benefit of Microsoft. Notwithstanding anything else herein to the contrary, we reserve the right to further limit the license granted in this Section to the extent that your use or display may negatively impact the goodwill or reputation associated with Microsoft Brand Features.
13. TERM. This contract becomes effective on your first use of the Services. Microsoft may terminate this contract immediately for any reason or no reason and without notice. If this contract terminates, all rights granted to you by this contract will automatically terminate and you will cease to have any rights to use the Services. All terms of this contract that, by their nature, are intended to survive termination will survive (including, without limitation, Sections 14 and 15). We will have no liability to you for any termination or suspension of Services.
14. WE MAKE NO WARRANTY. To the fullest extent permitted by law, Microsoft makes no warranties (express, implied, or otherwise), including implied warranties of merchantability, non-infringement, fitness for a particular purpose, or title, related to the Services, its performance, or anything provided in relation to this contract. Without limiting the foregoing, we make no guarantees with respect to the availability or uptime of the Services or any other technologies. We may conduct maintenance on the Services at any time, with or without notice.
15. LIABILITY LIMITATION. YOU CAN RECOVER FROM MICROSOFT, ITS SUPPLIERS, AND THEIR OFFICERS, LICENSORS, AND AFFILIATES, ONLY DIRECT DAMAGES UP TO THE GREATER OF EITHER: (i) THE AGGREGATE AMOUNTS PAID BY YOU FOR THE SERVICES UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE APPLICABLE CLAIM AROSE; OR (II) USD$1,000 (ONE THOUSAND UNITED STATES DOLLARS) IN AGGREGATE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES. THIS LIMITATION APPLIES TO ANYTHING RELATED TO THE SERVICES; CONTENT (INCLUDING CODE) ON THIRD PARTY INTERNET SITES, THIRD PARTY PROGRAMS OR THIRD PARTY CONDUCT; VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OR ATTEMPTED USE OF THE SERVICES; LOSS OF DATA; LOST PROFITS; INCOMPATIBILITY BETWEEN THE SERVICES AND OTHER SERVICES, SOFTWARE, AND HARDWARE; DELAYS OR FAILURES YOU MAY HAVE IN INITIATING, CONDUCTING, OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SERVICES IN AN ACCURATE OR TIMELY MANNER; AND CLAIMS FOR BREACH OF CONTRACT, BREACH OF WARRANTY, GUARANTEE, OR CONDITION, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORT. IT ALSO APPLIES EVEN IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE OR IF MICROSOFT KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY, TO A CERTAIN OR ENTIRE EXTENT, NOT APPLY TO YOU. FURTHERMORE, WE WILL NOT BE LIABLE TO YOU FOR DAMAGES RESULTING SOLELY FROM TERMINATING THIS CONTRACT ACCORDING TO SECTION 13.
16. COMPANY DATA. Contact, billing and related information connected with your use of the Service is subject to the Microsoft Online Privacy statement at http://www.microsoft.com/privacystatement/en-us/OnlineServices/Default.aspx (or any successor location, and as it may be updated from time to time) and the terms associated with your Microsoft marketplace account for the Services.
17. INTERPRETING THE CONTRACT. All parts of this contract apply to the maximum extent permitted by law. If any term of this contract is unenforceable, the remainder will be fully enforced to effect the parties' intent. Unless stated or context requires otherwise: (a) all internal references are to this contract and its parties; (b) "days" means "calendar days"; (c) "may" means that the applicable party has a right, but not an accompanying duty; and (d) a party's choices under this contract are in its sole discretion, subject to any applicable duties of good faith. Examples following "including" or "e.g." are not exhaustive (i.e., are interpreted to include "without limitation"), unless qualified by words such as "only" or "solely." This contract will be interpreted according to the plain meaning of its terms without any presumption that it should be construed to favor either party. The section titles in the contract do not limit the other terms of this contract.
18. ASSIGNMENT. We may assign or otherwise transfer any of our rights or obligations under this contract, in whole or in part, at any time with or without notice to you. You may not assign or otherwise transfer any of your rights or obligations under this contract, or any part of it, to any other person 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 Services or any part of the Services.
19. NO THIRD PARTY BENEFICIARIES. This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns under this contract.
20. CLAIM MUST BE FILED WITHIN ONE YEAR. Any claim related to this contract or the Services 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.
21. EXPORT. Microsoft software, online services, professional services, and related technology are subject to U.S. export jurisdiction. You must comply with all applicable international and national laws, including the U.S. Export Administration Regulations, the International Traffic in Arms Regulations, Office of Foreign Assets Control sanctions programs, and end-user, end use and destination restrictions by U.S. and other governments related to Microsoft products, services, and technologies. For additional information related to Microsoft compliance with export rules, see http://www.microsoft.com/exporting.
22. NOTICES. This contract is in electronic form, and you consent to Microsoft sending you any information related to this contract in electronic form (by email, by access to a Microsoft website designated in an email notice to you, or by posting notice on the Service account website (or any successor website that Microsoft notifies you of by email)). If you withdraw this consent, you must stop using the Services. Notices provided to you by email will be deemed given and received on the email transmission date. You acknowledge that, as long as you access or use the Services, you must have, or have access to, the necessary software and hardware to receive these notices.
23. MISCELLANEOUS . The parties are independent contractors under this contract and do not intend to form any other relationship. If you are an individual accepting these terms on behalf of an entity, you represent that you have the legal authority to enter into this agreement on that entity’s behalf. You understand and acknowledge that Microsoft is not certifying, nor endorsing, and has no obligation to certify or endorse, any aspect of your Property. Microsoft specifically disclaims all liability for your Properties, any content or other service displayed in or through, accessed via or relating to your Properties, and your implementation of the Bing results. You must not issue a press release or other written public statement regarding this contract without Microsoft’s written approval. Only written waivers will be effective. Each party will pay its own costs to perform (except where expressly stated otherwise). You will maintain commercially reasonable levels of insurance with commercially reasonable insurers to enable you to comply with your obligations under this contract. In relation to this contract, you will comply with all applicable laws and other requirements of governments having jurisdiction. All rights and remedies under this contract are cumulative. Except as otherwise expressly stated in this contract, this contract is the parties' entire agreement on this subject and merges and supersedes all related prior and contemporaneous communications and agreements. Except as otherwise expressly provided in Sections 9 and 10, this contract may only be modified in a writing that is manually signed by both parties after the Effective Date.
24. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES. Washington state law governs the interpretation of this contract and applies to claims arising out of or in relation to 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 we direct the Services. You and we 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.
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