(i) in the case of academic offers, the requirements applicable to educational institutions (including administrative or educational authorities, public libraries or public museums) listed in www.microsoftvolumelicensing.com/DocumentSearch.aspx?Mode=3&DocumentTypeId=7; b. Acceptable Use. You may only use the Product in accordance with this Agreement. You may not reverse engineer, decompile, disassemble or circumvent the technical limitations of the Product, except to the extent permitted by applicable law despite such limitations. You may not disable, manipulate or attempt to circumvent any billing mechanisms that measure your use of the Online Services. You may not rent, rent, loan, resell, transfer or host the Product or any part thereof to or for any third party, except as expressly permitted in this Agreement or the Online Services Terms. (ii) this Limited Warranty does not cover problems caused by an accident, misuse or use of the Products in a manner inconsistent with this Agreement or our published documentation or advice or that is due to events beyond our control; f. Taxes. Prices are exclusive of taxes, unless taxes other than those indicated on the invoice. You must pay all applicable taxes on value added, goods and services, sales, gross revenue or other transaction taxes, fees, fees or surcharges or surcharges of regulatory cost recovery or similar amounts due under this Agreement that we may collect from you under applicable law. You are responsible for all applicable stamp duty and any other taxes you are required to pay by law, including taxes arising from the distribution or supply of products to your affiliates. We are responsible for all taxes based on our net income, gross income taxes levied instead of income or profit taxes, or taxes on our property. Copyright and Trademark Notice.
The Services are protected by the copyrights © of Microsoft Corporation and/or its suppliers, One Microsoft Way, Redmond, WA 98052, USA. All rights reserved. The Terms of Service contain Microsoft Trademark and Trademark Guidelines (www.microsoft.com/en-us/legal/intellectualproperty/trademarks/usage/general.aspx) (as amended). Microsoft and the names, logos, and icons of all Microsoft products, software, and services may be unregistered or registered trademarks of the Microsoft group of companies in the United States and/or other countries. The following is a non-exhaustive list of Microsoft trademarks (www.microsoft.com/en-us/legal/intellectualproperty/trademarks/en-us.aspx). The names of actual companies and products may be trademarks of their respective owners. All rights not expressly granted in these Terms are reserved. Some software used on some Microsoft website servers is based in part on the work of the Independent JPEG Group. Copyright © 1991-1996 Thomas G.
Lane. All rights reserved. The “gnuplot” software used on some Microsoft website servers is protected by copyright © 1986-1993 Thomas Williams, Colin Kelley. All rights reserved. The following products, apps, and services are covered by the Microsoft Services Agreement, but may not be available in your marketplace. 17. Export Laws. You must comply with all national and international export laws and regulations that apply to the Software and/or Services, including restrictions on destinations, end users and end use. For more information about geographic and export restrictions, see go.microsoft.com/fwlink/?linkid=868968 and www.microsoft.com/exporting. n. Government Customers.
Government customers should consult with Microsoft prior to acceptance. By accepting this Agreement, you represent that you have complied and will continue to comply with all applicable laws and regulatory procurement requirements. n. Government Customers. Government customers should contact Microsoft before launching. By accepting this Agreement, you represent that you have complied and will continue to comply with all public procurement laws and regulatory requirements. “Online Services” means all Microsoft-hosted services that you have subscribed to under this Agreement. a. Restriction. Each party`s general liability for all claims arising out of this Agreement shall be limited to direct damages up to the amount paid for the Online Service in the 12 months preceding the opening of the appeal under this Agreement; provided that a party`s total liability for an Online Service does not exceed the amount paid when subscribing to that Online Service.
For products provided free of charge, Microsoft`s liability is limited to direct damages of up to $5,000.00. i. Full consent. We financially support our commitment to achieve and maintain service levels for each service. If we do not meet and maintain service levels for each service as described in the Service Level Agreement, you may be entitled to a credit on a portion of your monthly service fee. To learn more about our Service Level Agreements for services, download the Service Level Agreement for Microsoft Online Services. For summary information about system availability, security, privacy, and compliance, see Seamless operations from Office 365. These License Terms constitute an agreement between you and the publisher of the Application. Please read them. They apply to Software Apps that you download from the Microsoft Store, Windows Store, or Xbox Store (each referred to in these License Terms as the “Store”), including any updates or additions to the App, unless separate terms apply to the App, in which case these Terms apply. “Portal” means the respective websites of the Online Services that may be found under products.office.com/en-us/home, azure.microsoft.com/en-us/pricing/ or on another website identified by us. By using or accessing our products or services as of October 1, 2020, you agree to the updated Microsoft Services Agreement.
If you don`t agree, you can stop using the products and services and close your Microsoft account before October 1, 2020. 16. Miscellaneous. This Section and Sections 1, 9 (for amounts committed prior to the end of these Terms), 10, 11, 12, 13, 15, 18 and those applicable under their Terms after the expiration of the Terms shall survive any termination or cancellation of these Terms. We may assign these Terms to you, in whole or in part, at any time without notice. You may not assign your rights or obligations under these Terms or transfer any rights to use the Services. This is the entire agreement between you and Microsoft for your use of the Services. It supersedes all prior agreements between you and Microsoft with respect to your use of the Services.
We license software to you; we do not sell it. Proof of your software license is (1) this Agreement, (2) an order confirmation, and (3) proof of payment. Your rights to access the software on any of them do not entitle you to enforce Microsoft patents or other Microsoft intellectual property rights in software or devices that access that device. b. Transfers and assignments of licences. You may not assign or transfer any licenses, in whole or in part, to this Agreement without Microsoft`s consent. Notices and procedures for asserting claims of intellectual property infringement. Microsoft respects the intellectual property rights of third parties. If you wish to send a notice of intellectual property infringement, including claims of copyright infringement, please use our procedures to file notices of infringement (www.microsoft.com/info/cpyrtInfrg.html). ONLY REQUESTS RELEVANT TO THIS PROCEDURE WILL RECEIVE A RESPONSE. I looked for the specific clauses in their two terms and conditions that indicate that they work on availability and do not offer data retrieval as part of their agreements to try to influence them.
g. Managed Services for Microsoft Azure. You can use Microsoft Azure services to deploy a managed services solution provided that (1) you have the only ability to access, configure, and manage Microsoft Azure services, (2) you have administrative access to virtual OSEs, if any, in the managed services solution, and (3) the third-party provider only has administrative access to its virtual applications or OSEs….