Microsoft Bing Maps and MapPoint Web Service End User Terms of Use and Embedded Maps Service Terms of Use

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This document was last updated April, 2011

Microsoft Bing Maps and MapPoint Web Service Terms of Use
THIS IS AN AGREEMENT BETWEEN THE END USER AND MICROSOFT CORPORATION
IMPORTANT - READ CAREFULLY BEFORE USING THIS WEB SITE OR APPLICATION. BY USING THIS WEB SITE OR APPLICATION, YOU AGREE WITH THESE TERMS OF USE.
The Bing Maps and MapPoint Web Service End User Terms of Use govern your use of the Bing Maps AJAX Control; Bing Maps Web Service; Bing Maps Silverlight Control; MapPoint Web Service, and Bing Maps iOS Control (“Bing Maps and MapPoint Web Service”) which consist of mapping and related services provided by Microsoft Corporation, One Microsoft Way, Redmond, Washington 98052 or its affiliates ("Microsoft"). These Terms of Use do not apply to the content of third parties offering services using the Bing Maps and MapPoint Web Service. Bing Maps and MapPoint Web Service is offered to you conditioned on your acceptance without modification of the Terms of Use. Your use of Bing Maps and MapPoint Web Service constitutes your agreement to all provisions of these Terms of Use.

MODIFICATION OF THESE TERMS OF USE
Microsoft reserves the right to change the Terms of Use under which the Bing Maps and MapPoint Web Service is offered, including the right to add new terms. You are responsible for regularly reviewing the terms, conditions and notices of these Terms of Use, and any modified or additional terms, conditions or notices that may be included on or with any content available on the Bing Maps and MapPoint Web Service. Your continued use of the Bing Maps and MapPoint Web Service constitutes your agreement to all such terms, conditions and notices.

SCOPE OF PERMITTED USE
Bing Maps and MapPoint Web Service is for your individual use, solely for internal use by you for your business, or for your own personal use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, sublicense, transfer, assign, rent, sell or otherwise convey any information, software, products or services obtained from Bing Maps and MapPoint Web Service without the prior written consent from Microsoft.
You may not disassemble, decompile or otherwise reverse engineer all or any portion of Bing Maps and MapPoint Web Service or the Content. You acknowledge that Bing Maps and MapPoint Web Service, including the Content, is subject to applicable export control laws and regulations of the United States. You agree not to export or re-export Bing Maps and MapPoint Web Service, including the Content, directly or indirectly, to any countries that are subject to U.S. export restrictions.

LINKS TO THIRD PARTY SITES
Bing Maps and MapPoint Web Service may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of Microsoft and Microsoft is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Microsoft is not responsible for webcasting or any other form of transmission received from any Linked Site nor is Microsoft responsible if the Linked Site is not working appropriately. 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 or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
Any dealings with third parties (including advertisers) included within Bing Maps and MapPoint Web Service, or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Microsoft shall not be responsible or liable for any part of any such dealings or promotions.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your permitted use of Bing Maps and MapPoint Web Service, you will not use Bing Maps and MapPoint Web Service for any purpose that is unlawful or prohibited by these Terms of Use. You may not use Bing Maps and MapPoint Web Service in any manner that could damage, disable, overburden, or impair Bing Maps and MapPoint Web Service (or the network(s) connected to Bing Maps and MapPoint Web Service) or interfere with any other party's use and enjoyment of Bing Maps and MapPoint Web Service. You may not attempt to gain unauthorized access to Bing Maps and MapPoint Web Service, other accounts, computer systems or networks connected to Bing Maps and MapPoint Web Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through Bing Maps and MapPoint Web Service by Microsoft.

LIABILITY DISCLAIMER
THE INFORMATION, CONTENT AND SERVICES INCLUDED IN OR AVAILABLE THROUGH BING MAPS AND MAPPOINT WEB SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO BING MAPS AND MAPPOINT WEB SERVICE AND TO THE INFORMATION THEREIN. MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN BING MAPS AND MAPPOINT WEB SERVICE AT ANY TIME, WITHOUT NOTICE. THE USER ASSUMES ALL RISK OF USE.
MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, CONTENT, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN BING MAPS AND MAPPOINT WEB SERVICE FOR ANY PURPOSE. ALL SUCH INFORMATION, CONTENT, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, CONTENT, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT MICROSOFT SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH BING MAPS AND MAPPOINT WEB SERVICE. YOU SPECIFICALLY AGREE THAT MICROSOFT IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT MICROSOFT IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN BING MAPS AND MAPPOINT WEB SERVICE BY ANY THIRD PARTY.
IN NO EVENT SHALL MICROSOFT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF BING MAPS AND MAPPOINT WEB SERVICE, WITH THE DELAY OR INABILITY TO USE BING MAPS AND MAPPOINT WEB SERVICE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, CONTENT, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH BING MAPS AND MAPPOINT WEB SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF BING MAPS AND MAPPOINT WEB SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MICROSOFT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

GENERAL
Proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT AND TRADEMARK NOTICES
All contents that is made available or generated to view and/or download in connection with Bing Maps and MapPoint Web Service, including, without limitation, maps and directions ("Content") is owned by and is: Copyright (c) 2009 Microsoft Corporation and/or its suppliers, One Microsoft Way, Redmond, Washington 98052-6399 U.S.A. and is protected by copyright laws and international treaty provisions. All rights reserved. Reproduction of any content is strictly prohibited. Permission to use Bing Maps and MapPoint Web Service content and related graphics and other material is subject to these Terms of Use.

TRADEMARKS
Microsoft, Bing Maps and MapPoint Web Service, MapPoint, Visual Studio, Visual Basic, Visual C# and/or other Microsoft products and services referenced herein may be either trademarks or registered trademarks of Microsoft. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted in Bing Maps and MapPoint Web Service are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred.
Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to 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.


Bing Maps Embedded Maps Service Terms of Use

The following Bing Maps Embedded Maps Service Terms of Use (“Terms”) apply to Your use of the Bing Maps Embedded Maps Service only.

By using the Bing Maps Embedded Maps ("Embedded Maps Service"), You ("You") accept and agree to the Full Terms and Conditions of Use of the Embedded Maps Service as set forth below, as well as any additional terms and conditions we may require from time to time. Use of the Embedded Maps Service is limited to 50,000 map deliveries per year, as defined below. If your traffic requirement will exceed this limit, please contact maplic@microsoft.com.

Please note that we do not provide warranties for the Embedded Maps Service. This Agreement also limits our liability. These terms are in section 6 and we ask you to read them carefully.