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LAST UPDATED: December 2013
1. What does this Contract cover? This is a contract between you and Microsoft Corporation ("Microsoft"). Sometimes Microsoft is referred to as "we," "us" or "our." This contract applies to the Xbox Music Application Programming Interface (“API”), which currently provides access to relevant results in response to queries submitted to the Xbox Music service including album artwork, album title, track title, and artist name (collectively, “Music results”) and which may include more or fewer data types in the future for use in consumer websites ("Website") and applications. As used in this contract, "Services" means, collectively and as applicable, the API, the Music results, and any related application IDs, keys or similar.
2. This contract incorporates by reference the Microsoft Services Agreement (such terms are found here and which may be updated from time to time), and any applicable guidelines, documentation or requirements, technical, operational or otherwise relating to the Services, including without limitation the API documentation found here, as they may be published and updated by Microsoft from time to time. IF YOU LIVE IN THE UNITED STATES, SECTION 10 OF THE MICROSOFT SERVICES AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH MICROSOFT. PLEASE READ IT.
Please note that we do not provide warranties for the Services. This contract also limits our liability. These terms are in Section 13 and Section 14 and we ask you to read them carefully. We provide the Services solely on an "as is" and "as available" basis, in accordance with Section 13, and you acknowledge that latency with regard to delivery of Music results is a function of network bandwidth, server capacity, and other factors. In addition, we reserve the right to vary the Services (e.g. offer different tiers or levels of the services and any support we may provide thereto) to individual Websites, users or applications as determined by us in our sole discretion).
3. WHAT RIGHTS DO I 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 use the Services to: enable your Website or application to obtain Music results; make limited intermediate copies of the Music results, solely as necessary to display Music results on your Website or application. Your license to use the Services is limited, however, to solely your Websites and applications. You are responsible for your own conduct and content while using the Services and for any consequences of this use.
CODE OF CONDUCT / RESTRICTIONS ON USE. Your Website, your application, and your access to and use of any or all of the Services, must comply with all applicable Microsoft policies and guidelines (including, without limitations, any API call volume limitations, security policies, and privacy policies), technical 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 country of residence). This contract does not grant you any rights related to any services, materials, content, or data other than the Services. You will not, and will not permit your users or other third parties to:
(a) modify, reverse engineer, decompile, or otherwise alter the Services;
(b) use any automated means including agents, robots, scripts or spiders to access the API;
(c) distribute, publish,facilitate, enable, or allow access or linking to the Services from any location or source other than your Website or application;
(d) modify, filter, obscure, reformat or replace the text, images, or other content of Music results;
(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 Music results;
(f) hide or mask from us your identity, or the identity of your service, 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 here, 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., parental advisory notices, copyright or trademark symbols), or labels of the origin or source of services, software, or other materials;
(i) Use audio from the Services to provide content to any radio service or in a manner that would require a license to synchronize the audio with visuals, for example, in a gaming application;
(j) use the Services to violate the law or for any unauthorized purpose;
(k) use the Services to infringe upon the copyright, trademark or other intellectual property rights of anyone;
(l) 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;
(m) create user accounts by automated means or under false or fraudulent pretenses;
(n) distribute, publish, facilitate, enable, allow access, display or otherwise provide objectionable content including any of the following content: violent, inflammatory or defamatory, harassing, pornographic, obscene, discriminatory and/or religious or political causes;
(o) promote or provide instructional information about illegal activities (including enablement of copyright infringement), traffic generation, illegitimate business practices, promote hatred, physical harm or injury against any group or individual, promote services that may damage or disparate a record label or any recording artist, or exclusively feature content from a record label without the record label’s prior written approval;
(p) feature any brands or marks that would or could suggest a record label or any recording artist has endorsed or is associated with such brand or mark, unless legitimately authorized or permissible under applicable laws;
(q) copy, store, or cache any Music results, except for the intermediate purpose allowed in Section 2;
(r) commercialize (i.e., sell, rent, or lease) Music results or your Website or application that uses the Services except for advertising revenue generated from your Website or application;
(s) transmit any virus, worm, defect, 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;
(t) directly or indirectly generate impressions or clicks on Music results, or authorize or encourage others to do so, though any automated, deceptive, fraudulent, or other invalid means;
(u) taking any action to remove the hyperlinks included as a part of any transmitted Music results; or
(v) create or attempt to create a substitute or similar service or product as that of the Services through use of or access to any of the Services or proprietary information related to the Services.
5. LIMITATIONS AND CONDITIONS OF 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 break your use of the Services, and you may not work around or attempt to thwart or disable any of these technical or other means. We also may, in our sole discretion, limit the: (a) rate at which the Services, or any subset of them, may be called; (b) the amount of storage made available to each Services account; or (c) 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 any technical measures we may put in place to enforce Throttling.
6. PROTECTING API CREDENTIALS. .To access and use the Services, you must create a Microsoft account and an API account. You must complete the registration process by providing current, complete and accurate information (including the name of your Website or application and a description of your Website or application) when prompted. You will be issued one or more unique passwords, security codes or tokens (collectively, “API credentials”) for accessing the Services. You may only use one set of API credentials per website or application. You must keep API credentials confidential and secure. This includes: (1) Not sharing or disclosing your API credentials to third parties; (2) immediately notifying Microsoft if your credentials are stolen or leaked; and (3) using reasonable technical means to secure the API credentials within your software or service, including not storing them:
a. In plain text in a configuration file;
b. In clear text as appended to a URL address; or
c. In any way that enables easy, unencrypted access to the API credentials.
7. ATTRIBUTION. You must attribute us as the source of the Music results (in the manner that we may specify from time to time in applicable Services documentation and our product guidelines, currently found here, and which may be updated from time to time). In any display of trademarks, logos, or attribution, you will comply with the current version of our trademark usage guidelines (found here, and which may be updated from time to time). Your Website or application must at all times display and promote the ability to subscribe to Xbox Music Pass.
10. HOW WE MAY CHANGE THE CONTRACT. From time to time, Microsoft may change or amend these terms. If we do so, 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.
11. YOUR RESPONSIBILITY. You will indemnify and hold Microsoft (and its directors, officers, affiliates, and agents) and Microsoft’s licensors of content available through the Services 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 contract, or any part of it, or that otherwise relates to your Website(s), your application(s), or your use of the Services. 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.
12. RESERVATION OF RIGHTS. Microsoft and its suppliers retain all right, title, and interest in and to the Services (including the API and Music results) and all intellectual property rights in any of these. This contract does not grant you any rights in any Microsoft logo, trademark, or service mark, and you will not use any logo, trademark, or service mark of Microsoft for any purpose without Microsoft's prior written approval, other than to attribute Music in accordance with the Xbox Music Badge Guidelines (found here) and API documentation (found here) (as such guidelines and documentation may be updated from time to time), under which 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 trademarks, service marks, logos and other distinctive brand features of Microsoft specifically contemplated in the Music Product Guidelines and API documentation (the “Microsoft Brand Features”), so long as your use is strictly in accordance with such guidelines and documentation. You will not claim or imply any sponsorship or endorsement of your Website or application by Microsoft. 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, Microsoft reserves 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 the Microsoft Brand Features.
13. TERM. This contract will become effective on your first use of the Services. This contract may be terminated immediately for any reason or no reason and without notice by Microsoft. 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 (including, without limitation, the API). We will not be liable to you for damages resulting solely from terminating this contract according to its terms. All terms of this contract that, by their nature, are intended to survive termination will survive (including, without limitation, Sections 13 and 14).
14. WE MAKE NO WARRANTY. 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, Microsoft makes no guarantees with respect to the availability or uptime of the Services or any other technologies. Microsoft may conduct maintenance on any of the Services at any time, with or without notice.
15. LIABILITY LIMITATION .You can recover from Microsoft and its affiliates and suppliers only direct damages up to US$5. 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 of the Services; 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.
16. CHANGES TO THE SERVICES; CANCELLATION OF THE SERVICES. We may change (including by removing features, adding or removing source types), 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 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 (including, without limitation, the API) will cease immediately. Once the Services are cancelled or suspended, any data you have stored on the Services may not be retrieved later.
17. ADDITIONAL INFORMATION. You agree to provide information and/or other materials related to your use of the Services, as reasonably requested by Microsoft to verify your compliance with this contract.
18. 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. Lists of 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.
19. ASSIGNMENT. We may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person without our prior written consent, which will not be unreasonably withheld. 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.
20. THIRD PARTY BENEFICIARIES. This Agreement is solely for your and our benefit, except for certain sections of this Agreement that are for the benefit of Microsoft's affiliates and owners of content available through the Services. As a result, Microsoft's affiliates and owners of content available through the Services are entitled to enforce this Agreement.
21. EXPORT. The Services (including the 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 Services. These laws include restrictions on destinations, end users, and end use. Additional information is provided (as it may be updated from time to time).
22. NOTICES. You may notify Microsoft by postal mail (Microsoft does not accept email notices relating to this contract) addressed as follows: Microsoft Corporation, Attention: LCA – Microsoft Music and Video, One Microsoft Way, Redmond, Washington 98052-6399, USA. This contract is in electronic form, and you consent to Microsoft sending you any information related to this contract in electronic form (by email, or by access to a Microsoft website designated in an email notice to you). You may withdraw this consent, but if you do, Microsoft may terminate this contract and your right to access and use 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.
24. MISCELLANEOUS. The parties are independent contractors under this contract and do not intend to form any other relationship. You understand and acknowledge that Microsoft is not certifying, nor endorsing, and has no obligation to certify or endorse, any aspect of your Website or application. You are solely responsible, and Microsoft specifically disclaims all liability, for your Website or application, any content or other service displayed in or through, accessed via or relating to your Website or application, and any use, display or implementation of the Music results made available to you by Microsoft under this contract. You shall 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 Section 9, this contract may only be modified in a writing that is manually signed by both parties.
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