Microsoft Power Query Terms of Service
LAST UPDATED JULY 2013
1. WHAT THE AGREEMENT COVERS
This is an agreement between you (“you” or “your”) and Microsoft Corporation, (“Microsoft, “we,” “us” or “our”). The terms and conditions of this agreement (“agreement”) apply to your access and use of the Microsoft Power Query Search Service (the “Services”). The Services allow users to search certain data sources through Microsoft Power Query for Microsoft Excel. By accessing or using the Services, you accept the terms and conditions of this agreement. If you do not accept them, do not access or use the Services.
You bear sole responsibility for any and all data used in connection with your access to or use of the Services (“Data”), and any software programs or services you use in connection with your access to or use of the Services, including without limitation taking the steps necessary to back up such Data, software programs or services.
3. THE SERVICES
3.1. How you may use the Services.
You may access and use the Services only in accordance with the terms of this agreement and the policies and procedures we designate for use of the Services. Provided that you comply with the terms of this agreement, you may use the Services to publish, annotate, and monitor data and data sources for the sole purpose of internal testing of the Services.
3. 2 . How you may not use the Services.
In using the Services, you may not:
unless otherwise notified by Microsoft in writing, access or use the Services in or to support your live operating or commercial production environment;
rent, lease, lend, sell or transfer the Services to any third party or use the Services for commercial hosting services;
use any unauthorized means to modify or reroute, or attempt to modify or reroute, the Services;
damage, disable, or impair the Services (or the network(s) connected to the Services) or otherwise interfere with anyone's ability to access and use the Services;
access or use the Services in any way that is illegal or promotes illegal activities, including without limitation, in any manner that might be discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age;
violate local, state, federal or other applicable consumer privacy regulations;
access or use the Services in a way that violates the Microsoft Anti-Spam Policy at http://privacy.microsoft.com/en-us/anti-spam.mspx; or
access or use the Services in a manner that is defamatory, offensive, malicious or harmful to any person or entity.
4. PROPRIETARY RIGHTS
4.1. Reservation of Rights; No Other License.
Except for your limited use and access rights to the Services as set forth in this agreement, Microsoft reserves all other rights not expressly granted in this agreement. No additional rights (including implied licenses, rights or covenants) are granted by implication, estoppel or otherwise. For example, Microsoft does not grant you any license or rights under this agreement to use any data, software programs or services, or to any related or enabling technologies that may be necessary to use such data, software programs or services. For clarity, any license or other terms associated with any data, software programs or services that access or use the Services shall not be binding on Microsoft.
4.2. License to Microsoft.
By using the Services, you license Microsoft (and its affiliated companies and necessary sublicensees), under your intellectual property rights, any rights needed by Microsoft to use or process the Data through the Services or any other information you provide to us in connection with your use of the Services, solely for the purpose of enabling Microsoft to provide the Services or support services (if any) to you. You also grant Microsoft the right to track and record usage patterns, trends, and other statistical data related to your use of the Services for Microsoft’s internal use.
4.3. No Claims of Ownership by Microsoft.
Microsoft claims no ownership of or control over the Data or other information you provide to us in connection with your use of the Services. It is solely your responsibility to protect any rights you may have in the Data and such information.
4.4. No Claims of Ownership by You.
Except as expressly permitted under this agreement, you agree to claim no ownership of or control over the Services.
4.5. Your Use of the Services.
You represent, and agree to ensure, that you have the necessary rights to any Data, software programs or services that you use in connection with the Services, and that such activities do not infringe the intellectual property or other proprietary rights of any third party. You agree to obtain all necessary rights, and comply with all licenses or other terms, from the rightful owner of such Data, software programs or services that you do not own. You agree to access or use the Services (a) without violating the rights of any third party or purporting to subject Microsoft to any other obligations to you or any third party, and (b) solely in a manner that complies with all applicable laws and regulations.
5. SERVICE LEVELS; SECURITY
5.1. Service Levels.
We have no obligation to provide any support services for the Services. The Services may be inaccessible due to scheduled and unscheduled reasons, including maintenance updates, power outages, system failures, extended downtime and other interruptions. During such periods, you may be unable to access or use all of, or a portion of, the Services. Some or all of the Data may be lost. In the event of an outage or interruption that Microsoft determines may cause risk to the Services, Microsoft may determine in its sole discretion to suspend the Services.
We use a variety of security technologies and procedures to help protect unauthorized access or use of the Services; however, we cannot guarantee that we will be successful at doing so. Accordingly, without limitation to any other provisions of this agreement, you acknowledge that you bear sole responsibility for adequate security, protection and backup of the Data, and any other data, software programs or services that you use in connection with the Services. We strongly encourage you, where available and appropriate, to take measures to protect the Data, including without limitation using encryption technology to protect the Data from unauthorized access and routinely archiving the Data.
5.3. Security Breach – Notice to Microsoft.
In using the Services, you agree to promptly notify us if you learn of a security breach related to the Services.
In order to operate and provide the Service, we collect certain information about you and your use of the Service. By agreeing to this Agreement, you also consent to collection, use and disclosure of the data outlined in the Microsoft Power Query for Excel privacy statement located at http://go.microsoft.com/fwlink/?LinkID=311735&clcid=0x409.
Except where otherwise specified in the Service, information that is collected by or sent to Microsoft may be stored and processed in the United States or any other country in which Microsoft or its affiliates, subsidiaries or service providers maintain facilities. You consent to any such transfer of information outside of your country. Microsoft abides by the Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of data from the European Union, the European Economic Area and Switzerland.
7. YOUR PRIVACY PRACTICES
If you collect, store, or otherwise process personal information while using the Service, you must: (a) comply with all applicable privacy and data protection laws; and (b) obtain sufficient authorization from the persons providing the information to permit the processing of the information by Microsoft, its affiliates, subsidiaries, and service providers (collectively “Microsoft Parties”) as contemplated by this Agreement, including (i) transfer of the information to the Microsoft Parties for their processing; and (ii) processing of the information outside the jurisdiction in which the information is provided to you, such as storage and other processing in the United States.
If you use or receive software from us as part of the service (“service software”) its use is governed by one of two sets of license terms (the “license terms”). If you're presented with a license for the service software, the terms of that license apply; if no license is presented to you, the terms of this contract apply. Microsoft reserves all other rights to the service software not expressly granted by Microsoft under the license terms, whether by implication, estoppel or otherwise. You may not disassemble, decompile, or reverse engineer any such software included in the Services, except and only to the extent that the law expressly permits this activity. The software 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 software. These laws include restrictions on destinations, end users and end use. For additional information, see http://www.microsoft.com/exporting.
We may automatically check your version of the software. We may automatically download upgrades to the software to your computer to update, enhance and further develop the Services.
Unless we notify you otherwise, your license to use the software provided by us as part of the Services will end on the date your subscription to the Services ends, and you must promptly uninstall the software. We may disable the software after the date the Services subscription ends.
9.1 Notices We Send You.
You agree that Microsoft may provide you with notices in a manner determined by Microsoft in its sole discretion, including without limitation by email or posting any such notices on a portal or community development center web site for the Services. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you can access and use the Services, you have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the Services.
9.2. Your Notices to Us.
You may notify us as stated in the customer support, “Feedback” or “Help” area of the Services.
You hereby license to Microsoft without charge, any rights needed under your intellectual property rights, to use, share and commercialize any feedback about the Services you give us in any way and for any purpose. You also license without charge to third parties, under your intellectual property rights, any rights needed for their products, technologies and services to use or interface with any specific parts of a Microsoft software or service that includes the feedback. You will not give feedback that is subject to a license that requires Microsoft to license its software or documentation or provide its services to third parties because we include your feedback in them. These rights survive any termination or expiration of this agreement.
You agree to indemnify, pay the defense costs of, and hold Microsoft and its successors, officers, directors and employees harmless from and against any and all claims, demands, costs, liabilities, judgments, losses, expenses and damages (including attorneys' fees) arising out of, in connection with, or related to (a) your use of the Services in breach of this agreement or in violation of any applicable law or regulation, or (b) any data, software programs or services that you use in connection with the Services, including without limitation any claim that such data, software program or services, or any part thereof, infringes, misappropriates, or otherwise violates any copyright, patent, trade secret, trademark, or other legal right of any third party.
12. WE MAKE NO WARRANTY
WE PROVIDE THE SERVICES AND SUPPORT SERVICES (IF ANY) "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AVAILABILITY OF DATA FROM THE SERVICE, AND EFFORT IS WITH YOU. MICROSOFT MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES OR SUPPORT SERVICES (IF ANY). EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, MICROSOFT DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES, EXPRESS, STATUTORY AND IMPLIED; INCLUDING WITHOUT LIMITATION (A) REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT, (B) REPRESENTATIONS OR WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) REPRESENTATIONS OR WARRANTIES THAT ACCESS TO OR USE OF THE SERVICES WILL FUNCTION AS DESCRIBED, WILL BE UNINTERRUPTED OR ERROR-FREE, SECURE OR THAT YOUR USE OF THE SERVICES WILL BE RELIABLE AND ACCURATE, INCLUDING WITHOUT LIMITATION STORING, READING, UPDATING OR DELETING THE DATA. NO ORAL OR WRITTEN STATEMENT MADE TO YOU IN THE CONTEXT OF PROVIDING THE SERVICES OR SUPPORT SERVICES (IF ANY) SHALL CREATE ANY WARRANTY THAT HAS BEEN EXPRESSLY DISCLAIMED IN THIS AGREEMENT.
13. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES (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 THIS AGREEMENT OR YOUR USE OF THE SERVICES OR SUPPORT SERVICES (IF ANY), INCLUDING WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM: (A) USE OR INABILITY TO USE THE SERVICES OR SUPPORT SERVICES (IF ANY); (B) COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, SOFTWARE PROGRAMS OR SERVICES;(C) UNAUTHORIZED ACCESS TO OR USE OF, OR ANY ALTERATION, CORRUPTION, DELETION, DAMAGE OR LOSS OF, THE DATA, OR ANY OTHER DATA, SOFTWARE PROGRAMS OR SERVICES USED IN CONNECTION WITH THE SERVICES; (D) FAILURE TO PROVIDE ACCURATE INFORMATION; (E) VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS OR USE OF THE SERVICES OR THAT ARE TRANSFERRED TO YOU THROUGH THE SERVICES; (F) INCOMPATIBILITIES BETWEEN THE SERVICES AND OTHER SERVICES, SOFTWARE OR HARDWARE; AND (G) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. THIS LIMITATION APPLIES EVEN IF (Y) THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES, OR FAILS OF ITS ESSENTIAL PURPOSE AND (Z) MICROSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MICROSOFT SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS IN THE SERVICES, INCLUDING WITHOUT LIMITATION, POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS INCLUDING THOSE THAT AFFECT THE RECEIPT, ACCEPTANCE, PROCESSING COMPLETION OR SETTLEMENT OF YOUR SYSTEMS.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THEY ALSO MAY NOT APPLY TO YOU BECAUSE YOUR PROVINCE OR COUNTRY MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES.
14. AVOIDANCE OF LIABILITY
Microsoft may determine in its sole discretion to suspend or cancel the availability to you of all or any part of the Services, including without limitation if Microsoft determines in its sole discretion that doing so is reasonably necessary in order to avoid liability by Microsoft to any third party or governmental entity for the infringement of any right or the violation of any law.
15. LINKS TO THIRD PARTY SITES
The Services may include links to third party sites. The linked sites are not under the control of Microsoft and Microsoft is not responsible for the content of any linked site, or any links contained in a linked site, or any changes or updates to such sites. Microsoft is not responsible for webcasting or any other form of transmission received from any linked site. Microsoft is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Microsoft of the site.
16. THIRD PARTY CONTENT
The data provided through the Services may include third-party content. Such third-party content is not under the control of Microsoft and Microsoft is not responsible for the quality, accuracy or performance of any such content. Microsoft is making this content available to you only as a convenience, and the inclusion of any content does not imply endorsement by Microsoft or the third party of either party’s sites or services.
1 7 . MODIFYING THE TERMS; ADDITIONAL TERMS
1 7 .1. Modifying the Terms.
Microsoft may at its sole discretion modify this agreement at any time. If we modify this agreement, we will update the date listed at the top of this agreement. You can access the most current version of the agreement via the link located in the About box of Microsoft Power Query. If you do not agree to these changes, then you must immediately cancel and stop using the Services. If you do not stop using the Services, then your use of the Services will continue under the changed agreement.
1 7 .2. Additional Terms.
This agreement also incorporates by reference any additional terms or conditions applicable to particular aspects of the Services, including without limitation the anti-spam policy.
1 8 . TERM; TERMINATION
1 8 .1. Term.
This agreement is effective on the date you first agree to it. You may terminate this agreement at any time by stopping use of the Services.
1 8 .2. Termination.
Notwithstanding the term of this agreement as stated above, Microsoft may at its sole discretion suspend or cancel your use of the Services, or terminate this agreement, for any reason or no reason at any time. Upon cancellation, suspension or any termination, your right to use the Services stops right away and you must immediately remove the Data and applications from the Services. You are responsible for taking the steps necessary to back up the Data. Upon any termination of this agreement, all other rights granted to you by this agreement will also automatically terminate.
1 9 . NO THIRD PARTY BENEFICIARIES
This agreement is solely for your and our benefit. It is not for the benefit of any other party, except for permitted successors and assigns under this agreement.
20 . NO WAIVER
Any delay or failure by Microsoft to exercise a right or remedy will not result in a waiver of that, or any other, right or remedy.
2 1 . CONTRACTING PARTY, CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
The laws of the State of Washington, USA, govern the interpretation of this agreement 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 we direct your service. 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 agreement.
2 2 . INTERPRETING THE AGREEMENT
A court may hold that we cannot enforce a part of this agreement as written. If this happens, then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this agreement will not change. This agreement, including any other policies or terms incorporated by reference, is the entire agreement between you and us regarding your use of the Services. It supersedes any prior agreements or statements (whether oral or written) regarding your use of the Services.
2 3 . ASSIGNMENT
We may assign this agreement, in whole or in part, at any time with or without notice to you. You may not assign this agreement, or any part of it, to any other third party. Any attempt by you to do so is void. You may not transfer to a third party, either temporarily or permanently, any rights to use the Services or any part of them.
2 4 . COPYRIGHT AND TRADEMARK NOTICES
All contents of the Services are Copyright © 2013 Microsoft Corporation and/or its suppliers, One Microsoft Way, Redmond, Washington 98052-6399 U.S.A. All rights reserved. Copyright and other intellectual property laws and treaties protect any software or content provided as part of the Services. We or our suppliers own the title, copyright, and other intellectual property rights in the software or content. Microsoft, Windows, and/or other Microsoft products and services referenced herein may also be either trademarks or registered trademarks of Microsoft in the United States and/or other countries. W® is a registered trademark of the Wikimedia Foundation. Any rights not expressly granted herein are reserved. Certain software used in certain Microsoft web sites servers is based in part on the work of the Independent JPEG Group. Copyright © 1991 -1996 Thomas G. Lane. All rights reserved. "gnuplot" software used in certain Microsoft web sites servers is copyright © 1986-1993 Thomas Williams, Colin Kelley. All rights reserved.
25. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Under Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to service provider's designated agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
See Notice and Procedure for Making Claims of Copyright Infringement at http://www.microsoft.com/info/cpyrtInfrg.htm.