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THIS IS AN AGREEMENT BETWEEN THE END USER AND MICROSOFT CORPORATION
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
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
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.
COPYRIGHT AND TRADEMARK NOTICES
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.
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 email@example.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.
- 1. Definitions
- "Agreement":these Terms and Conditions of Use of the Embedded Maps Service;
- "Guidelines": any rules governing the implementation and use of the Embedded Maps Service, as amended from time to time;
- "Materials": any documentation or other materials provided by Microsoft to You in connection with the provision of the Embedded Maps Service;
- "Bing Maps Brand Features": the Bing logo, the Bing brand name, and any other images and/or text displayed within the Embedded Maps Service, or within Microsoft Bing Maps or MapPoint Web Services from time to time;
- "Microsoft": Microsoft Corporation, One Microsoft Way, Redmond, Washington 98052 or its affiliates;
- "Bing Maps Brand Features": the Bing logo, the Bing brand name, and any other images and/or text displayed within the Embedded Maps Embedded Maps Service, or at the Bing Maps websites from time to time;
- "Embedded Maps Service":the Embedded Maps Service, which provides access via a single interface to a range of mapping and location services. Mapping, address search, routing, and aerial imagery, are included in the Embedded Maps Service;
- "Website": the website or mash-up or service that You own or operate, which is located at the URL You provide to Microsoft, that makes use of the Embedded Maps Service.
- 1. Microsoft reserves the right to modify the Embedded Maps Service from time to time, and without prior notice. We will make commercially reasonable efforts to maintain backwards compatibility for versions of the Embedded Maps Service, but cannot guarantee this.
- 3. You agree that Microsoft has the right to monitor Your usage of the Embedded Maps Service, including traffic generated by You. This may include, for example, filtering to stop spam or increase security. These means may hinder or break Your use of the Embedded Maps Service.
- 4. We reserve the right to include advertising in the content served through the Embedded Maps Service. You will not intentionally omit or obscure such advertising when displaying such content to end users.
- 5. Microsoft reserves the right, in its sole discretion, to determine whether Your use of the Embedded Maps Service is in accordance with the terms of this Agreement.
- 3. RESTRICTIONS ON USE OF THE EMBEDDED MAPS SERVICE
- 1. You may not use the Embedded Maps Service for internal business applications. The site into which you integrate the Embedded Maps Service must be offered for free to users; you may not build paid-for services with the Embedded Maps Service.
- 2. The Embedded Maps Service may not be used as part of a mobile or wireless service, or in any real-time tracking, guidance, or asset tracking applications or routing services.
- 3. Use of the Embedded Maps Service is limited to 50,000 map deliveries per year. If your traffic requirement will exceed this limit, please contact firstname.lastname@example.org.
- 4. You may access and use the Embedded Maps Service only as documented in the implementation guidelines or other relevant Materials.
- 6. You agree that you will not use Bird’s Eye Imagery or Traffic data.
- 7. You may not use or integrate any element of the Embedded Maps Service with another supplier’s mapping or location-related services.
- 8. The Embedded Maps Service may not be used in conjunction with any materials, Websites or applications that:
- 1. are obscene, indecent, pornographic, or harmful to or exploitative of minors; or are otherwise illegal, or that breach another individual’s right to privacy;
- 2. incite, advocate, or express hatred, bigotry, racism, or gratuitous violence;
- 3. are intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason, including on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion, or to incite or encourage anyone else to do so;
- 4. transmit, sell, license or deliver any infringing, defamatory, offensive, or illegal products, services or materials;
- 5. email, transmit or upload viruses, worms, Trojan horses, or spam, or unsolicited messages or advertisements;
- 6. upload files that contain software or other materials in breach of any intellectual property rights;
- 7. impersonate anyone else or otherwise misrepresent Your identity or status;
- 8. collect and process others’ personal data;
- 9. violate local, state, federal or other applicable consumer privacy regulations; or
- 10. violate any applicable law or violate the rights of any third party (including, without limitation, rights of privacy or proprietary rights).
- 9. You may not use the Embedded Maps Service in ways that harm us or our affiliates or suppliers.
- 10. You may not use any unauthorized means to modify or reroute, or attempt to modify or reroute, the Embedded Maps Service.
- 11. You may not damage, disable, overburden, or impair the Embedded Maps Service (or the network(s) connected to the Embedded Maps Service) or interfere with anyone’s use and enjoyment of the Embedded Maps Service.
- 12. You may not sell, lease or sublicense access to the Embedded Maps Service.
- 13. You may not attempt to make a local non-cache copy, or help a third party attempt to make a local non-cache copy, of any content provided through the Embedded Maps Service.
- 14. You may not falsify or alter any unique referral identifier in, or assigned to, an application or Website, or otherwise obscure or alter the source of queries coming from an application or Website;
- 15. You may not use any automated process or service to access and/or use the Embedded Maps Service (such as a BOT, a spider, periodic caching of information provided through the Embedded Maps Service, or "meta-searching").
- 16. You may not attempt to gain unauthorized access to the Embedded Maps Service, other accounts, computer systems or networks connected to the Embedded Maps Service through hacking, password mining or any other means.
- 17. You may not obtain or attempt to obtain any materials or information related to the Embedded Maps Service not intentionally made available through the Embedded Maps Service by Microsoft.
- 4. OWNERSHIP
- 1. You acknowledge and agree that Microsoft owns, or is the licensee of, all rights and interests in the Embedded Maps Service, all underlying data and Intellectual Property, and the Bing Maps Brand Features.
- 3. You undertake not to, and shall not permit any third party to, reverse engineer the Embedded Maps Service, any of the XML or other calls made by the Embedded Maps Service, or any software or services provided by Microsoft. You agree not to, and shall not permit or encourage any third party to copy, cache or retain any maps, routes, images, or other data provided to You by Microsoft as part of the Embedded Maps Service.
- 4. You agree that You will not capture or retain any geocodes produced by the Embedded Maps Service in any way, including an address look-up.
- 5. Without prejudice to any other rights or remedies that Bing Maps may have, You acknowledge and agree that if any of the Embedded Maps Services, the Materials, or Microsoft's Confidential Information are used or disclosed (if applicable) other than in accordance with the terms of the Agreement, the award of damages may not be an adequate remedy and Microsoft shall be entitled to seek injunctive or other equitable relief in respect of such breach.
- 5. YOUR RESPONSIBILITIES
- 1. You warrant that You shall use the Embedded Maps Service in accordance with the terms of this Agreement, and will implement the Embedded Maps Service as instructed in the Guidelines, and other Materials.
- 2. You will defend and indemnify Microsoft and its subsidiaries and suppliers against any expense, claim or cost suffered by Microsoft, including legal fees, losses (actual and consequential), judgments, or damages, as a result of any breach by You of the warranties contained in Clause 5.1, or of any of the Terms.
- 6. MICROSOFT MAKES NO WARRANTY; LIMITATIONS OF LIABILITY
- 1. Microsoft provides the Embedded Maps Service “as-is,” “with all faults” and “as available.” Microsoft does not guarantee the accuracy or timeliness of information available from the Embedded Maps Service. Your use of the Embedded Maps Service is at Your sole risk. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this Agreement cannot change. Microsoft excludes any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.
- 2. Microsoft and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components related to the Embedded Maps Service.
- 3. You understand and agree that Microsoft and/or its suppliers shall not be liable to You 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 the Embedded Maps Service, with delay or inability to use the Embedded Maps Service, the provision or failure to provide the Embedded Maps Service or for any information, content or services related graphics obtained through the Embedded Maps 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.
- 4. Each provision of this Clause 6 excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of these provisions is held inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the expiration or termination of this Agreement.
- 7. PRIVACY
- 1. All access to and use of the Embedded Maps Service is subject to the data practices set forth in the Microsoft Online Privacy Statement, which forms part of these Terms. You are responsible for providing end users with adequate notice of the privacy practices applicable to the embedded maps on your site. In the event that Bing Maps is sold to a third party, You agree that any personal information Bing Maps holds may be transferred to that third party.
- 8. TERM AND TERMINATION
- 1. The Agreement shall commence on the date upon which You first use the Embedded Maps Service, and shall continue until terminated by either party.
- 2. Microsoft reserves the right to terminate or discontinue this Agreement and Your use of the Embedded Maps Service at any time, without notice.
- 3. Microsoft may suspend the operation of the Embedded Maps Service for repair or maintenance work or in order to update or upgrade the contents or functionality of the Embedded Maps Service from time to time. Access to or use of the Embedded Maps Service or any pages linked to it will be not necessarily be uninterrupted or error free.
- 4. Microsoft shall be entitled to terminate this Agreement forthwith with immediate effect in the event that any act or omission by You, at Microsoft's sole discretion, results in damage to Microsoft or any of its Affiliates or suppliers or brings Microsoft or any of its Affiliates or suppliers into disrepute, whether in relation to the Embedded Maps Service or otherwise.
- 5. You may terminate this Agreement at any time by ceasing to use the Embedded Maps Service.
- 6. In the event of the termination of this Agreement, You agree to:
- 1. cease using the Embedded Maps Service immediately; and
- 7. Any termination of this Agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into, or continue in, force on or after such termination.
- 8. Clauses 1, 2, 3, 4, 5, 6, 7, 8, and 10 shall survive expiration or termination of this Agreement.
- 9. NOTICES AND CONSENT REGARDING ELECTRONIC INFORMATION
- 1. This Agreement is in electronic form. There may be other information regarding the Embedded Maps Service that the law requires us to send You. We may send You this information in electronic form. You have the right to withdraw this consent, but if You do, we may cancel Your use of the Embedded Maps Service. We may provide required information to You:
- 1. by e-mail at the e-mail address You specified when You signed up for the Embedded Maps Service; or
- 2. by updating these Terms and posting them at http://www.microsoft.com/maps/assets/docs/terms.aspx or another web site as Microsoft may designate from time to time.
- 2. 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 Embedded Maps Service, 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 Embedded Maps Service.
- 3. Any notice from You should be sent electronically to: email@example.com.
- 10. GENERAL
- 1. A failure to exercise or delay in exercising a right or remedy under this Agreement shall not constitute a waiver of that right or any other right or remedy. A waiver of a breach of this Agreement does not constitute a waiver of any other breach of this Agreement. The rights and remedies contained in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
- 2. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect or impact the continuation in force of the remainder of this Agreement.
- 3. Nothing in this Agreement shall be construed as creating a partnership or joint venture of any kind between the parties or as constituting either party as the agent of the other and neither party shall have the authority or power to bind the other or to contract in the name of or create a liability against the other party in any way.
- 4. This Agreement may be executed in any number of counterparts each of which when executed and delivered shall be an original but all the counterparts together shall constitute one and the same instrument.
- 5. Each party undertakes with the other to do all things reasonably within its power which are necessary or desirable to give effect to the spirit and intent of this Agreement.
- 6. Save as otherwise provided in this Agreement, a person who is not a party to it has no right under the Agreement to rely upon or enforce any term of this Agreement.
- 7. This Agreement, and the documents referred to in it, constitutes the entire agreement and understanding of the parties and supersedes any previous agreement between the parties relating to the subject matter of this Agreement.
- 11. 11. LAW AND JURISDICTION
- 1. Washington state law governs 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 the Embedded Maps 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.