THANK YOU FOR CHOOSING MICROSOFT!
This agreement governs your use of the developer tools, SDKs, documentation, download areas, software, application programming interfaces (“APIs”), and other information and services provided to you by Microsoft (collectively, “Live Connect”), and is a contract between you and Microsoft Corporation (“Microsoft”, “we”, or “us”). Your use of any of Live Connect is governed by this agreement. You acknowledge that Microsoft has a Microsoft Service Agreement and Microsoft Online Privacy Statement with its customers for the Microsoft Services, and agree that your use of any of Live Connect will not contravene Microsoft’s obligations under the Microsoft Service Agreement and Microsoft Online Privacy Statement. Please note that we do not provide warranties for Live Connect. The contract also limits our liability. These terms are in Sections 11 and 12 and we ask you to read them carefully.
These terms may be updated from time to time, and if we do so, we’ll notify you before the change takes effect. We may give this notice by posting it on Live Connect website or by any other reasonable means. If you don’t agree to the change, we’re not obligated to keep providing Live Connect, and you must cancel and stop using the service before the change becomes effective. Otherwise, the new terms will apply to you.
By using or accessing Live Connect, you confirm you agree to these terms. If you don’t agree, don’t use Live Connect. Thanks.
2. Rights to Use Live Connect
Subject to your compliance with this agreement, you may: Use Live Connect to develop or host an application that is designed to access and use the Microsoft Services only via the APIs (an "Authorized Application").
An "Authorized Application" for purposes of this TOU is an application, such as (a) a web or client-based application, in object code form,or (b) those portions of your gateway server (“server interfaces”), that are designed to provide access to the Microsoft Services, and that (i) you make available for download (e.g., via your website or an application store), (ii) you make accessible through your service, or (iii) you pre-install and embed on your device(s). You may only use the Live SDK and Live Connect APIs to create software. You may only develop or distribute applications, or server interfaces, for devices for use with Version 5 of the Live Connect API documented at http://go.microsoft.com/fwlink/?LinkID=214557. You are not authorized to develop or distribute applications, or server interfaces for devices that use Version 4.1 of the API documented at http://go.microsoft.com/fwlink/?LinkId=220683. You are not authorized to pre-install or embed applications you created using Live Connect, Live SDK or APIs on third-party devices. Use Live Connect, the Live SDK, APIs and Live Connect Developer Guide solely as permitted by this TOU and the Live SDK License.
Depending on Live Connect that you use, you may need to obtain a client identifier that enables an Authorized Application to access and use Live Connect on a nonexclusive basis ("Client ID"). After you have agreed to the terms of this agreement, and supplied all required information, we may provide you with online access to an Client ID. All information you provide to us as part of the Client ID provisioning process will be accurate. You are solely and entirely responsible for all uses of Live Connect occurring under your Client ID.
3.How You May Use (and not Use) Live Connect.
In using Live Connect and developing or hosting Authorized Applications, you will comply with the Usage Guidelines.
a. You must :
- comply with all applicable laws and regulations;
- comply with any codes of conduct, policies, design guidelines or other notices of policy or rules for Live Connect that we provide, including without limitation the: Live SDK License Agreement, Microsoft Services Code of Conduct, Live Connect Branding Guidelines, and the Microsoft Anti-Spam Policy.
- keep any Live Connect account password secret;
- provide a link to the Microsoft Service Agreement and Microsoft Online Privacy Statement, and
- promptly notify us if you learn of a security breach related to Live Connect, or the use thereof.
b. You may not:
use Live Connect or access the Microsoft Services except through an Authorized Application;
take any action on behalf of an end user unless the end user has expressly granted you permission to take that action;
transmit or propagate any virus, worm, or other harmful code;
attempt to install any computer code on an end user's computer without first obtaining the end user's informed consent;
damage or disrupt, or attempt to gain unauthorized access to, an end user's computer or any Microsoft infrastructure (including any Microsoft server computers);
use Live Connect in a way that harms us, or any customer of a Microsoft party;
encourage or require any end user or other entity to breach the terms of this agreement or the Microsoft Service Agreement;
encourage or require any end user or other entity to provide to you, or any party other than Microsoft, a password to a Microsoft ID account;
transmit, offer, sell, advertise, license or deliver any infringing, defamatory, offensive or illegal products, services, content or other materials;
use any portion of Live Connect, or any web site that displays or performs content that is either from Live Connect, or is accessed through use of an API, as a destination linked from any unsolicited bulk messages or unsolicited commercial messages ("spam")
mislead any end user, including without limitation with respect to the source or origin of content or functionality on, or the operation of, any Authorized Application;
exploit minors in any way;
display or perform any content, or use Live Connect in connection with any application that includes nudity or gambling or is obscene, indecent or pornographic;
use any unauthorized means to use, access, modify or reroute, or attempt to use, access, modify or reroute, Live Connect or Microsoft Services;
damage, disable, overburden or impair Live Connect (or any network connected to the Services) or interfere with anyone's use and enjoyment of Live Connect;
except as expressly permitted in the Live SDK License Agreement, copy, modify or republish any Microsoft software that is a component of Live Connect;
use more than one Client ID in connection with a single Authorized Application;
falsify or alter an Client ID or any unique referral identifier in, or assigned to, an Authorized Application, or otherwise obscure or alter the source of queries coming from an Authorized Application;
intentionally omit or obscure any advertising we provide via Live Connect or Microsoft Services;
resell Live Connect, Microsoft Services or any part of any of the foregoing; or
use any means we don't authorize to modify, reroute, or gain access to Live Connect, APIs or the Microsoft Services, or attempt to carry out these activities; or use any automated process or service (such as a bot, a spider, periodic caching of information stored by Microsoft, or meta-searching) to access or use any of the foregoing.
Microsoft may periodically update any of its policies and guidelines, which may be found at the above URLs or their successors, and these updated policies and guidelines will, on notice (which may include email) to you, be understood to replace the versions that they superseded.
4. Limitations and Conditions of the Services.
Live Connect is part of a private computer network that Microsoft operates for the benefit of itself and its customers. We may use technology or other means of enforcement if, in our sole and absolute discretion, you or your Authorized Application violate any of the terms of this agreement or pose a threat to us, our services, or our customers. This may include, for example, filtering to stop spam or increase security, restricting (or “throttling”) the functionality of the Microsoft Services or Live Connect, terminating
You will permit us reasonable access to your Authorized Application for purposes of monitoring compliance with this agreement and the Live SDK License Agreement. If an Authorized Application can only be accessed through accounts that are not generally made available to the public, on request you will provide us with at least one free account in order to facilitate our ability to access the Authorized Application.
You will notify the end user if your Authorized Application requires the installation of any Microsoft application that has not yet been installed on that end user’s computer, and you will not in any way interfere with any verification system used by Microsoft to confirm that such end users have consented to the installation of those Microsoft applications. You will ensure that your policies, guidelines, codes, and similar documents for the Authorized Applications do not conflict with any of your responsibilities under this agreement.
5. Your Content.
Except for material that we license to you, we don’t claim ownership of the content you provide on the service. We also don’t control, verify, or endorse the content that you and others make available.
You understand that Microsoft may need, and you hereby grant Microsoft the right, to use, modify, adapt, reproduce, distribute, and display content made available through Live Connect or APIs solely to the extent necessary to provide Live Connect or Microsoft Services.
Please respect the rights of artists, inventors and creators. Content such as music, photos, and video may be protected by copyright. People appearing in content may have a right to control the use of their image. If you share content on the Microsoft Services in a way that infringes others’ copyrights, other intellectual property rights, or privacy rights, you are in breach this agreement. You represent and warrant that you have all the rights necessary for you to grant the rights in this section and that the use of the content doesn’t violate any law. We won’t pay you for your content. We may refuse to publish or remove your content for any or no reason.
Your information: See the Microsoft Privacy Statement for disclosures relating to the collection and use of your information.
End user information: Where an Authorized Application seeks permission from an end user to access Personal Information (as defined in the Microsoft Online Privacy Statement) from Microsoft Services, the Authorized Application must provide a link to http://consent.live.com/manageconsent.aspx, or such other location as we may specify from time to time, with a clear indication that end users can go to that Microsoft site to revoke such permission at any time. If end users must take additional steps to disable the Authorized Application's access to end user information, then the Authorized Application must clearly indicate to end users the additional steps required to disable access. These requirements do not apply where Microsoft provides the end user interface.
You are responsible for providing end users with adequate notice of your own privacy practices. At the time you retrieve information from a Microsoft Service, you will obtain informed consent from the end user concerning how you will use their data, and with whom it will be shared. Unauthorized use of end users’ personal information or email addresses will be subject to immediate revocation of your Client ID.
You will indemnify and hold the Microsoft parties harmless from and against any and all loss, liability, and expense (including reasonable attorneys' fees) suffered or incurred by reason of any claims, proceedings or suits based on or arising out of (i) any breach by you of any obligation, representation or warranty under (ii) this agreement, and (iii) if you have or do become a licensee under the Live SDK License Agreement, or (iv) alleged infringement or violation of any third party's rights by any materials or content made available to us by you in connection with Live Connect, through the use of the APIs or that we may access through use of your APIs. You will be solely responsible for defending any claim, subject to Microsoft's right to participate with counsel it selects, and you will not agree to any settlement that imposes any obligation or liability on Microsoft without Microsoft's prior written consent.
8. Reservation of Rights.
Except for the rights expressly granted under this agreement or the Live SDK License Agreement, Microsoft and its suppliers retain all right, title and interest in and to Live Connect and Microsoft Services and all intellectual property rights therein.
Except as set forth in this agreement, the Live SDK License Agreement and the Live Connect Branding Guidelines, this agreement does not grant you any rights in any Microsoft logo, trademark or service mark, and you will not use any logo, trademark or service mark of Microsoft for any purpose without the prior written approval of Microsoft.
This agreement will become effective on your first use of Live Connect, SDK or APIs. This agreement may be terminated immediately for any reason and without notice by Microsoft. If this agreement terminates, all rights granted to you by this agreement will automatically terminate.
10. NO WARRANTY.
We provide Live Connect and Windows Live Services "as-is," "with all faults" and "as available." You acknowledge that computer and telecommunications systems are not fault-free and occasional periods of downtime occur. We do not guarantee that Live Connect or Windows Live Services will be uninterrupted, timely, secure or error-free or that data loss will not occur. The Microsoft parties give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. We exclude any implied warranties, including for merchantability, satisfactory quality, fitness for a particular purpose, workmanlike effort and non-infringement.
You may be able to access third-party websites or services via Live Connect; you acknowledge that we are not responsible for such websites or services or content that may be available there.
11. LIABILITY LIMITATION.
We provide Live Connect and Microsoft Services "as-is," "with all faults" and "as available." You acknowledge that computer and telecommunications systems are not fault-free and occasional periods of downtime occur. We do not guarantee that Live Connect or Microsoft Services will be uninterrupted, timely, secure or error-free or that data loss will not occur. The Microsoft parties give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. We exclude any implied warranties, including for merchantability, satisfactory quality, fitness for a particular purpose, workmanlike effort and non-infringement.
You may be able to access third-party websites or services via Live Connect; you acknowledge that we are not responsible for such websites or services or content that may be available there.
12. Changes to the Service; Cancellation of the Service.
We may change Live Connect, Microsoft Services or APIs at any time and for any reason, with or without notice. Such changes may include removal of features, or the requirement of fees for previously free features. Some changes may cause existing Authorized Applications to stop working. We may cancel or suspend your use of Live Connect at any time in our sole and absolute discretion. Our cancellation or suspension may be without cause and/or without notice. Upon cancellation or suspension, your right to use any and all of the foregoing stops right away.
You’re responsible for backing up the data that you use in connection with Live Connect. If Live Connect is suspended or canceled we may permanently delete your data from our servers immediately. We have no obligation to return data to you after the service is suspended or canceled. If data is stored with an expiration date, we may also delete the data as of that date. Additionally, all online services suffer occasional disruptions and outages, and Microsoft cannot guarantee or warrant that your data will not be inadvertently damaged, lost or corrupted. Data that is lost or deleted may be irretrievable.
Any Live Connect or Microsoft Services designated pre-release services or APIs (such as through use of the terms "Community Technology Preview" or "Beta") may not work the way a final version will. We may change them for any final, commercial version. We also may not release a commercial version.
13. Entire Agreement.
This agreement and any other agreements or documents incorporated by reference or otherwise made applicable by this agreement, constitute the entire agreement between you and us regarding your use of Live Connect. It supersedes any prior contract or statements regarding your use of the Services. If you have confidentiality obligations related to Live Connect or Microsoft Services, those obligations remain in force (for example, if you were a beta tester).
We may assign this agreement, in whole or in part, at any time with or without notice to you. You may not assign this agreement, or any part of it, to any other person without our prior written consent, which will not be unreasonably withheld. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use Live Connect or any part of Live Connect (or use of Microsoft Services such use relates to Live Connect).
15. No Third-Party Beneficiaries.
This agreement is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns under this agreement.
16. Claim Must Be Filed Within One Year.
Any claim related to this agreement, or Live Connect may not be brought unless brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns.
17. Notices; Consent Regarding Electronic Information.
This agreement is in electronic form, and we have the right to send you certain additional information. There may be other information regarding Live Connect 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 Services. As long as you can access and use Live Connect, you will ensure that 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 Live Connect. You will be deemed to have received a notice from us on the date that we electronically send it or post it.
We may provide required information to you:
a. by e-mail at the e-mail address you specified when you signed up for your Live Connect Developer Services;
b. by posting to a Microsoft web site that will be designated in an e-mail notice sent to you at the time the information is available; or
c. by posting to a Microsoft web site that will be generally designated in advance for this purpose (such as the Live SDK License Agreement).
18. Enforceability of Terms. All parts of this agreement apply to the maximum extent permitted by law.
A court may hold that we cannot enforce a part of this agreement as written. If this happens, then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this agreement will not change.
19. Choice of Law and Location for Resolving Disputes.
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 your 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.
20. Terms for Specific Services.
This section 22 may contain additional or different terms for some of Live Connect. The other terms of this agreement remain in effect, except if, and solely to the extent that, this section 22 explicitly modifies any of those terms.
20.1 Messenger Connect
You and your Authorized Application must present the end user with a “sign-in screen” with Microsoft branding as set forth in the Live Connect Branding Guidelines. You and your Authorized Application “Sign-in screen” must allow end users to:
sign up (on a one-time basis) to obtain a Microsoft ID;
sign-in to Microsoft Services; and
agree (via an “opt-in” check box) to (1) allow the Authorized Application to access and modify
certain content in relation to the end user, (2) import the end user’s Microsoft data into the Authorized Application, and (3) export end user data for such end user into that end user’s associated Microsoft account.
You and your Authorized Application may allow end users who have connected their Authorized Application with their Microsoft account to automatically sign-in to Microsoft Services, so that the end user is not prompted to sign-in with Microsoft ID credentials each time the end user wants to connect your Authorized Application to the end user’s Microsoft account.
a. User Control
You and your Authorized Application will give end users:
the ability to control and configure the scope of data being shared by Microsoft with you and your Authorized Application;
the ability at any time to disconnect the Authorized Application from their Microsoft account.
b. Connection and Data Use
You and your Authorized Application will:
include prominent and persistent graphical indicators within the Authorized Application clearly showing the end user when such end user is connected to the Microsoft Services, as set forth in the Live Connect Branding Guidelines;
clearly inform each end user and obtain the end user’s express (opt-in) acknowledgement and consent that end user data will be shared with Microsoft and that such data will be subject to the Microsoft Online Privacy Statement, and available for use with the end user’s Microsoft account;
only use any end user data from Microsoft Services in or in relation to your Authorized Application;
delete all end user data when directed to do so by the applicable end user;
pdate all end user data for a given end user as soon as practicable after that end user accesses the Authorized Application and connects to Microsoft Services;
not transfer to any third party any end user data from the Microsoft Service (including aggregate or anonymous information) without the end user’s express (opt-in) consent: and
respect end user control of end user data that is transferred from, or end user data that is transferred to, Microsoft Services.
20.2 Microsoft ID Delegated Authentication service and Microsoft ID Web Authentication service
The Windows Live ID Delegated Authentication service may provide delegation control information to you. Delegation control information is system data such as authentication tokens, delegation tokens, identifiers for end users and other data not normally exposed to end users. You may use the delegation control information only as part of the Authorized Application to which the information was first sent. This information is sent to a single Authorized Application and may not be shared with other applications or websites. Also, you may only use the delegation control information for a particular end user to obtain access to that end user's data.
You may not use any automated process or service to access or use the Windows Live ID Delegated Authentication service or the Windows Live ID Web Authentication service, other than in direct response to an interactive request from an end user to authenticate in the Authorized Application.
Any Authorized Application that makes use of the Windows Live ID Delegated Authentication service or Windows Live ID Web Authentication service must provide a prominent link in order to permit end users to easily sign out of their Windows Live ID. All applications under your control, including without limitation the Authorized Application, will respect an end user decision to sign out and will not cache or otherwise retain an association between an end user who has signed out and any identity that is based on the results returned from the service.
20.3 Microsoft Messenger Web Toolkit
In an Authorized Application that makes use of the Microsoft Messenger Web Toolkit, you will not:
a. insert into any instant messages sent by end users any advertisement or promotion for any product or service that is not your own product or service;
b. send instant messages on behalf of the end user or publish the end user’s presence state unless the end user has expressly granted you permission to take that action;
c. make a record of instant messages sent to or from the Authorized Application, unless the end user has clearly given express permission to you take make such a record;
d. route messages between a Microsoft instant messaging network and another instant messaging network.
e. Automatically update a user’s personal status message without their explicit content
In an Authorized Application that makes use of the Messenger Web Toolkit, you will: indicate the presence of Microsoft end users on your site with a designated set of icons from the Live Connect Branding Guidelines.
20.4 Live Connect Developer Services & Documentation