MICROSOFT POWER BI SHOWCASE GALLERY TERMS OF USE

Last Updated: August 2016

These terms of use are a contract between you and Microsoft Corporation (“Microsoft”). These terms apply to your access and use of Power BI Showcases, including any software, services, catalogues, data, sites, information, materials, content and updates made available to you through the Power BI Showcase gallery (the “Gallery”) (collectively, “Services”). By using the Showcase or any Service, you agree to these terms of use. If you do not agree, you may not use the Gallery or any Service.

1. Showcase Gallery The Gallery enables you to obtain sample files and datasets (“Showcases”) for use with Power BI. Each Showcase is distributed and licensed to you by the publisher whose name is indicated in the listing for the Showcase, not by Microsoft (unless Microsoft is listed as the publisher). Information about the Showcase, including information that appears in the listing, also originates from the publisher, and Microsoft is not responsible for its accuracy.

Your use of a Showcase is subject to the terms set forth in Exhibit A, unless the Showcase is presented with different terms. No right or license to any intellectual property of Microsoft or any of its affiliates is granted with respect to any Showcases. You are responsible for identifying, understanding and complying with the relevant legal terms for any Showcase you use.

Microsoft does not guarantee, endorse or assume any liability for the Showcases or information about the Showcases, and it does not provide any support for the Showcases.

2. Submitting Showcases

a. The Gallery enables you to submit a Showcase for others to use and to submit information to accompany the Showcase (which may include, for example, information about you, information about the contents of the Showcase, a link to your legal terms, and a graphic image file). If you submit anything to the Gallery (collectively, your “submission”), it is subject to these terms of use. You grant Microsoft the right to host, copy, publicly perform, publicly display and distribute the information in association with the Showcase you submit (for example, on the Gallery itself) and to modify the information to correct any errors and to conform to format requirements or other policies.

b. You, not Microsoft, are licensing to the user the right to use the Showcase. You agree to license the Showcase to users under the terms set forth in Exhibit A unless you expressly state otherwise and present the user with different terms.

c. Only these terms of use, and not any legal terms you provide, apply to Microsoft’s inclusion of your submission in the Gallery.

d. Microsoft is not obligated to accept, post or maintain what you submit, and may remove a submission and any part of it at any time in its sole discretion. You may choose later to unpublish your submission after its publication to the Gallery. If you do so, their availability on Microsoft caches might not cease immediately, copies may persist in locations not in the control of Microsoft (such as Power BI user dashboards and reports and other web sites that consume a data feed from the Gallery), and Microsoft may retain copies of your submission.

e. You represent and warrant that your submission (a) does not violate the rights of any third party, including intellectual property rights, (b) complies with any license or other legal terms applicable to any component or code included in it, (c) does not contain any profane, defamatory, obscene, or unlawful content, (d) complies with all laws and regulations and fulfills all applicable regulatory and licensing requirements including, but not limited to laws, regulations and regulatory requirements with respect to the collection, use or disclosure of any user data, including providing notice and obtaining consent for collection, use or disclosure of user data and (e) does not contain any viruses, Trojan horses, worms, time bombs, cancelbots, or software code that is intended, designed or likely to interfere with the operation of another’s computer or property or to operate in a manner prohibited by law.

f. No compensation will be paid for your submission, and you may not seek (whether through the legal terms you submit or otherwise) to impose any charge on users for use of your submission they obtain through the Gallery. This does not preclude you for seeking to impose a charge for what users obtain from you other than through the Gallery.

3. Acceptable use

You may not interfere or attempt to interfere in any manner with the functionality or proper performance of the Gallery or the Services. You may not access or use the Gallery or the Services for any unlawful, harmful or deceptive purpose or in any way that is illegal or promotes illegal activities. Without limitation, you may not access or use them in any manner that (a) is discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age, (b) is defamatory, offensive, malicious or harmful to any person or entity, (c) would violate local, state, federal or other applicable privacy regulations, (d) is intended, designed or likely to damage, disable, overburden, or impair or to gain unauthorized access to the Services or any server or network of Microsoft or to other accounts, computer systems or networks connected to them, or (e) would use any information obtained through them for spamming, unsolicited sales or any advertising, or marketing. You may not frame, mirror, or incorporate the Gallery user interface in part or in whole within your own online environment.

4. Privacy practices

See Privacy & Cookies for information relating to the collection and use of information and how this web site uses cookies.

5. Notice and procedure for making claims of copyright infringement

Notifications of claimed copyright or trademark infringement must be sent to Microsoft’s designated agent according to the process provided at http://www.microsoft.com/info/cpyrtInfrg.htm.

6. Links to other sites

The links made available on the Gallery may let you leave this web site. The linked sites are not under the control of Microsoft, and Microsoft is not responsible for the contents of any linked site or any link contained in a linked site. The inclusion of any link does not imply that Microsoft endorses the site.

7. Software used by or provided on this web site

This web site may employ javascript or other code that our server sends to execute on your computer’s web browser. You may use such code only for the purpose of interacting with this web site. These terms of use apply to your use of such code, not any license terms embedded in it.

This web site may include software that enables you to obtain software applications from other sources. Those applications are offered and distributed by third parties under their own license terms. Microsoft is not developing, distributing or licensing those applications to you, but instead, as a convenience, enables you to use this web site or software provided herein to obtain those applications directly from the application providers. By using the web site and such software, you acknowledge and agree that you are obtaining the applications directly from the third party providers and under separate license terms, and that it is your responsibility to locate, understand and comply with those license terms. Microsoft grants you no license rights for third-party software or applications that are obtained using this web site or any software provided to you.

8. NO WARRANTY

The Gallery and all the Services are provided "as-is," "with all faults" and "as available." On behalf of itself and its suppliers, licensors, service providers, vendors, resellers and affiliates (collectively, the "Microsoft Parties"), Microsoft disclaims any and all warranties, guarantees and conditions of purchase for the Gallery and the Services, including any implied warranties including those of merchantability, title, fitness for a particular purpose, workmanlike effort and non-infringement.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT PARTIES BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT OR OTHERWISE) FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (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 YOUR USE OR INABILITY TO USE THE GALLERY OR THE SERVICES. WITHOUT LIMITING THE ABOVE, MICROSOFT PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM (A) COST OF PROCURING SUBSTITUTE GOODS, DATA, SOFTWARE PROGRAMS, CONTENT OR SERVICES; (B) UNAUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNTS; (C) ANY ALTERATION, CORRUPTION, DELETION, DAMAGE OR LOSS OF ANYTHING USED IN CONNECTION WITH THE GALLERY OR THE SERVICES; (D) FAILURE TO PROVIDE ACCURATE OR COMPLETE INFORMATION WITH RESPECT TO THE GALLERY OR THE SERVICES; (E) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ONLINE ACCESS TO OR USE OF THE GALLERY OR THE SERVICES; (F) INCOMPATIBILITIES BETWEEN THE GALLERY OR THE SERVICES AND OTHER SERVICES, SOFTWARE OR HARDWARE; (G) ANY THIRD-PARTY CONDUCT OR TRANSMISSIONS OR DATA. THESE LIMITATIONS ON LIABILITY APPLY EVEN TO LOSSES OF WHICH MICROSOFT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY. SUCH LOSSES WILL NOT CONSTITUTE A FAILURE OF THIS AGREEMENT’S ESSENTIAL PURPOSE.

10. Duty to defend

You agree to defend, indemnify, and hold harmless Microsoft and Microsoft’s affiliates, as applicable, from and against (including by paying any associated costs, losses, damages, or expenses and attorneys’ fees) any and all third-party claims alleging that your Showcase infringes any proprietary or personal right of a third party or arising from any dispute between you and a third party relating to your Showcase.

Microsoft will (a) notify you promptly in writing of the claim, provided that Microsoft’s failure to notify you will not relieve you of any liability except to the extent that such failure materially prejudices your legal rights; and (b) at your reasonable request, provide you with reasonable assistance in defending the claim. You agree to reimburse Microsoft or Microsoft’s affiliates, as applicable, for any reasonable out-of-­pocket expenses incurred in providing such assistance. You may not make any settlement or compromise of a claim, or admit or stipulate any fault or liability on the part of Microsoft or Microsoft’s affiliates with respect to any claim covered by this section without Microsoft’s express, prior written consent.

11. Reservation of rights

Microsoft reserves all rights not expressly granted in these terms of use. No additional rights (including implied licenses, rights or covenants) are granted by implication, estoppel or otherwise.

12. Choice of law and location for resolving disputes

The law of Washington State, U.S.A., governs the interpretation of these terms of use and applies to claims relating to them, regardless of conflict of laws principles. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, U.S.A., for all disputes arising out of or relating to the Gallery or these terms of use.

13. Interpreting these terms of use

If a court holds that we cannot enforce a part of these terms of use as written, then you and we agree that the court will replace that part with terms that most closely reflect our intention, and the rest of these terms of use will not change. These terms of use form the entire agreement regarding your use of the Gallery and the Services and supersede any prior agreements or statements (whether oral or written) regarding such use.

14. Updates to terms of use

We may change these terms of use at any time, with or without prior notice to you. Changes will apply to your use of the Gallery and the Services starting from when the changes are made. If you do not agree with any changes, you may not continue to use the Gallery.

Exhibit A – Standard Showcase License Terms

POWER BI SHOWCASE GALLERY – STANDARD SHOWCASE LICENSE TERMS

These license terms are an agreement between you and the Showcase publisher. Please read them. They apply to the Showcase you download from the Power BI Showcase Gallery, including any updates or supplements for the Showcase (the “Showcase”), unless the Showcase comes with separate terms, in which case those terms apply.

BY DOWNLOADING OR USING THE SHOWCASE, OR ATTEMPTING TO DO ANY OF THESE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, YOU HAVE NO RIGHT TO AND MUST NOT DOWNLOAD OR USE THE SHOWCASE.

The Showcase publisher means the entity licensing the Showcase to you, as identified in the Power BI Showcase Gallery.

If you comply with these license terms, you have the rights below.

1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the Showcase for use with a product or service that supports the Power BI visual interface.

2. THIRD PARTY SOFTWARE. This software may enable you to obtain software applications from other sources. Those applications are offered and distributed by third parties under their own license terms. The Showcase publisher is not developing, distributing or licensing those applications to you, but instead, as a convenience, enables you to use this software to obtain those applications directly from the application providers. By using the software, you acknowledge and agree that you are obtaining the applications directly from the third party providers and under separate license terms, and that it is your responsibility to locate, understand and comply with those license terms. The Showcase publisher grants you no license rights for third-party software or applications that is obtained using this software.

3. DISTRIBUTABLE CODE

a. Distributable Code. The software contains code that you are permitted to copy, modify, and distribute in source and object code form within programs you develop if you comply with the terms below (“Distributable Code”).

b. Distribution Requirements. For any Distributable Code you distribute, you must

  • add significant primary functionality to it in your programs;
  • require distributors and external end users to agree to terms that protect it at least as much as this agreement; and
  • indemnify, defend, and hold harmless Showcase publisher from any claims, including attorneys’ fees, related to the distribution or use of your programs.

c. Distribution Restrictions You may not

  • use Showcase publisher’s trademarks in your programs’ names or branding in a way that suggests your programs come from or are endorsed by Showcase publisher;
  • include Distributable Code in malicious, deceptive or unlawful programs; or
  • modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that
    • the code be disclosed or distributed in source code form; or
    • others have the right to modify it.

4. INTERNET-BASED SERVICES.

a. Consent for Internet-Based or Wireless Services. The Showcase connects to computer systems over the Internet, which may include via a wireless network. Using the Showcase operates as your consent to the transmission of standard device information (including but not limited to technical information about your device, system and Showcase software, and peripherals) for internet-based or wireless services.

b. Misuse of Internet-based Services. You may not use any Internet-based service in any way that could harm it or impair anyone else’s use of it or the wireless network. You may not use the service to try to gain unauthorized access to any service, data, account or network by any means.

5. SCOPE OF LICENSE.The Showcase is licensed, not sold. This agreement only gives you some rights to use the Showcase. Showcase publisher reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the Showcase only as expressly permitted in this agreement. You may not

  • work around any technical limitations in the Showcase;
  • reverse engineer, decompile or disassemble the Showcase, except and only to the extent that applicable law expressly permits, despite this limitation;
  • make more copies of the Showcase than specified in this agreement or allowed by applicable law, despite this limitation; or
  • publish or otherwise make the Showcase available for others to copy.

6. DOCUMENTATION. If documentation is provided with the Showcase, you may copy and use the documentation for personal reference purposes.

7. TECHNOLOGY AND EXPORT RESTRICTIONS. The Showcase may be subject to United States or international technology control or export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the technology used or supported by the Showcase. These laws include restrictions on destinations, end users and end use. For information on Microsoft branded products, see www.microsoft.com/exporting.

8. SUPPORT SERVICES. If Microsoft is the Showcase publisher, it is not responsible for providing support services for the Showcase. Contact the Showcase publisher to determine what support services are available.

9. ENTIRE AGREEMENT. This agreement, any applicable Showcase publisher privacy policy, and the terms for supplements and updates are the entire agreement between you and Showcase publisher for the Showcase. If Microsoft is the Showcase publisher, this agreement does not change the terms of your relationship with Microsoft with regard to Power BI, including the Power BI Showcase Gallery.

10. APPLICABLE LAW.

a. United States. If you acquired the Showcase in the United States, Washington State law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.

b. Outside the United States. If you acquired the Showcase in any other country, the laws of that country apply.

11. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.

12. DISCLAIMER OF WARRANTY. TO THE FULLEST EXTENT PERMITTED BY LAW, (A) THE SHOWCASE IS LICENSED "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE" AND YOU BEAR ALL RISK OF USING IT; (B) THE SHOWCASE PUBLISHER, ON BEHALF OF ITSELF, MICROSOFT (IF MICROSOFT IS NOT THE SHOWCASE PUBLISHER), AND EACH OF OUR RESPECTIVE AFFILIATES, VENDORS, AGENTS AND SUPPLIERS, GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS IN RELATION TO THE SHOWCASE; (C) YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE; AND (D) SHOWCASE PUBLISHER AND MICROSOFT EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

13. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, YOU CAN RECOVER FROM THE SHOWCASE PUBLISHER ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SHOWCASE OR $1.00, WHICHEVER IS GREATER. YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM THE SHOWCASE PUBLISHER.

This limitation applies to

  • anything related to the Showcase or services made available through the Showcase; and
  • claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

It also applies even if

  • repair, replacement or a refund for the Showcase does not fully compensate you for any losses; or
  • Showcase publisher knew or should have known about the possibility of the damages.
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