DATED: October 2015
1. Visualizations on the Gallery
The Gallery enables you to obtain visualizations (“Visualizations”) and deploy them. Each Visualization is distributed and licensed to you by the publisher whose name is indicated in the catalog listing for the Visualization, not by Microsoft. Information about the Visualization, including information that appears in the catalog or information on which sorting depends, also originates from the publisher, and Microsoft is not responsible for its accuracy.
Your use of a Visualization is subject to any legal terms provided by the publisher of the Visualization. Microsoft is not a party to any legal terms provided by the publisher and does not assess or guarantee their accuracy or completeness. No right or license to any intellectual property of Microsoft or any of its affiliates is granted with respect to any Visualizations. You are responsible for identifying, understanding and complying with the relevant legal terms for any Visualization you use.
Microsoft does not guarantee, endorse or assume any liability for the Visualizations or information about the Visualizations, and it does not provide any support for the Visualizations.
2. Submitting Visualizations
b. You, not Microsoft, are licensing to the user the right to use the Visualization. When you submit a Visualization, the Gallery provides a method for you to include legal terms (including any applicable privacy statement) for your Visualization. You, not Microsoft, are responsible for providing all necessary or relevant legal terms (including any applicable privacy statement) for your Visualization. If the legal terms that apply to your Visualization or any code or component included in it impose obligations on the distributor of the Visualization, code or component, it is your responsibility as the publisher of the Visualization to comply with those obligations.
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
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 will 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 this web site
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.
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 Visualization infringes any proprietary or personal right of a third party or arising from any dispute between you and a third party relating to your Visualization.
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
12. Choice of law and location for resolving disputes
Exhibit A – Standard Visualization License Terms
POWER BI VISUALS GALLERY – STANDARD VISUALIZATION LICENSE TERMS
These license terms are an agreement between you and the visualization developer. Please read them. They apply to the visualization you download from the Power BI Visuals Gallery, including any updates or supplements for the visualization (the “Visualization”), unless the Visualization comes with separate terms, in which case those terms apply.
BY DOWNLOADING OR USING THE VISUALIZATION, 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 VISUALIZATION.
The Visualization developer means the entity licensing the Visualization to you, as identified in the Power BI Visuals Gallery.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use one copy of the Visualization for use with a product or service that supports the Power BI visual interface.
2. INTERNET-BASED SERVICES.
a. Consent for Internet-Based or Wireless Services. The Visualization connects to computer systems over the Internet, which may include via a wireless network. Using the Visualization operates as your consent to the transmission of standard device information (including but not limited to technical information about your device, system and Visualization 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.
3. SCOPE OF LICENSE. The Visualization is licensed, not sold. This agreement only gives you some rights to use the Visualization. Visualization developer reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the Visualization only as expressly permitted in this agreement. You may not
• work around any technical limitations in the Visualization;
• reverse engineer, decompile or disassemble the Visualization, except and only to the extent that applicable law expressly permits, despite this limitation;
• make more copies of the Visualization than specified in this agreement or allowed by applicable law, despite this limitation; or
• publish or otherwise make the Visualization available for others to copy.
4. DOCUMENTATION. If documentation is provided with the Visualization, you may copy and use the documentation for personal reference purposes.
5. TECHNOLOGY AND EXPORT RESTRICTIONS. The Visualization 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 Visualization. These laws include restrictions on destinations, end users and end use. For information on Microsoft branded products, see www.microsoft.com/exporting.
6. SUPPORT SERVICES. Microsoft is not responsible for providing support services for the Visualization. If Microsoft is the Visualization developer, it may provide support services, but is not obligated to do so under this agreement. Contact the Visualization developer to determine what support services are available.
8. APPLICABLE LAW.
a. United States. If you acquired the Visualization 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 Visualization in any other country, the laws of that country apply.
9. 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.
10. DISCLAIMER OF WARRANTY. TO THE FULLEST EXTENT PERMITTED BY LAW, (A) THE VISUALIZATION IS LICENSED "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE" AND YOU BEAR ALL RISK OF USING IT; (B) THE VISUALIZATION DEVELOPER, ON BEHALF OF ITSELF, MICROSOFT (IF MICROSOFT IS NOT THE VISUALIZATION DEVELOPER), AND EACH OF OUR RESPECTIVE AFFILIATES, VENDORS, AGENTS AND SUPPLIERS, GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS IN RELATION TO THE VISUALIZATION; (C) YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE; AND (D) VISUALIZATION DEVELOPER AND MICROSOFT EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, YOU CAN RECOVER FROM THE VISUALIZATION DEVELOPER ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE VISUALIZATION 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 VISUALIZATION DEVELOPER.
This limitation applies to
• anything related to the Visualization or services made available through the Visualization; 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 Visualization does not fully compensate you for any losses; or
• Visualization developer knew or should have known about the possibility of the damages.