Microsoft API License & Terms of Use

Last revised on May 11, 2018.

Thank you for developing with Microsoft!

By installing, accessing, or otherwise using a Microsoft API within a software application, website, or product you create or a service you offer designed to provide access to a Microsoft service or application (an “Application”), you are agreeing to these terms (“API Terms”) with Microsoft Corporation (“Microsoft”, “we”, “us”, or “our”). You represent and warrant to us that you have the authority to accept these API Terms on behalf of yourself, a company, and/or other entity, as applicable. If additional terms (“Additional Terms”) apply to a Microsoft API, both these API Terms and the Additional Terms (collectively, “Terms”) will apply to your use of the Microsoft API. If a conflict arises between the Terms, the Additional Terms will prevail. As used in these API Terms, “Microsoft API” means any form of machine accessible application programming interface that provides access to a Microsoft service and any associated tools, including sample code that enables interactions with Microsoft’s services, and documentation that Microsoft makes available under these Terms, and includes all elements, components and executables of such API. We may change, amend or cancel these Terms at any time. Your use of the Microsoft API after the changes become effective means you agree to the new Terms. If you do not agree to the new Terms, you must stop using the Microsoft API.

1. Licenses and Guidelines

a. Microsoft API License

Subject to your compliance with these API Terms, Microsoft grants you a limited, non-exclusive, non-assignable, non-transferable, revocable license to install, use, and make calls to Microsoft APIs to develop, test, and support your Application, and allow end users to use your integration of Microsoft APIs within your Application. You may use the Microsoft APIs only as expressly permitted in these API Terms.

b. Microsoft API Guidelines

When using the Microsoft APIs, you may not:

  • i. Use a Microsoft API in a way that could impair, harm or damage Microsoft, any Microsoft service or application, or anyone’s use of a Microsoft API, service or application;
  • ii. Use any data accessed or obtained using the Microsoft API for advertising or marketing purposes other than in connection with your Application;
  • iii. Use a Microsoft API to confuse, deceive, defraud, mislead, or spam anyone;
  • iv. Scrape, build databases or otherwise create copies of any data accessed or obtained using the Microsoft API (including end users or their contacts), except as necessary to enable an intended usage scenario for your Application;
  • v. Request or make available any data obtained using the Microsoft API outside any permissions expressly granted by end users in connection with using your Application;
  • vi. Use user accounts of Microsoft services or applications in order to operate your Application or business;
  • vii. Use a Microsoft API to disrupt, interfere with, or attempt to gain unauthorized access to services, servers, or networks connected to or which can be accessed via the Microsoft API;
  • viii. Use a Microsoft API or allow any end user to use the Application in a way that violates applicable law, including:
    1. Illegal activities, such as child pornography, gambling, piracy, violating copyright, trademark or other intellectual property laws;
    2. Intending to exploit minors in any way;
    3. Accessing or authorizing anyone to access the Microsoft API from an embargoed country;
    4. Threatening, stalking, defaming, defrauding, degrading, victimizing or intimidating anyone for any reason; or
    5. Violating applicable privacy laws and regulations.
  • ix. Reverse engineer, decompile or disassemble Microsoft APIs, except and only to the extent that applicable law expressly permits, despite this limitation;
  • x. Use Microsoft APIs in any way that threatens the integrity, performance or reliability of Microsoft APIs or any Microsoft product or service, including performance or stress testing, or in any manner that works around any technical limitations in Microsoft APIs;
  • xi. Request from a Microsoft API more than the minimum data, or more than the minimum permissions to the types of data, that your Application needs to offer the customer the intended Application functionality;
  • xii. Request from a Microsoft API any information outside any permissions granted by the user of your Application, if a Microsoft API requires permissions;
  • xiii. Redistribute or resell or sublicense access to any Microsoft service or content; or
  • xiv. Falsify or alter any unique referral identifier in, or assigned to an Application, or otherwise obscure or alter the source of queries coming from an Application.

c. Microsoft Brand Use License & Guidelines

Subject to your compliance with these API Terms and, if applicable, the requirements set forth in the Microsoft icon’s branding guidelines, Microsoft grants you a limited, non-exclusive, non-assignable, non-transferable, worldwide, revocable right to use the Microsoft icon specifically associated with the Microsoft API (“Microsoft Icon”) solely in connection with an Application connected to a Microsoft API in accordance with these API Terms. The right to use the Microsoft Icons as granted herein does not imply or grant you any additional rights to use or display any Microsoft brand, logo, mark or icon not explicitly granted herein, nor does it grant you any rights to distribute, market or promote any Microsoft product or service or other intellectual property.

You may not:

  • i. Use or display the Microsoft Icon in any way that is misleading, defamatory, infringing, libelous, disparaging, obscene, or otherwise objectionable to Microsoft in its sole discretion;
  • ii. Sublicense the Microsoft Icon and/or purport to permit any third party to use the Microsoft Icon in any manner without Microsoft’s prior written consent;
  • iii. Use the Microsoft Icon in connection with merchandising or sale of related or promotional products not related to the Application;
  • iv. Use the Microsoft Icon in a way that implies affiliation with, or sponsorship, endorsement, or approval by Microsoft of your products or services;
  • v. Use the Microsoft Icon in a way that would damage Microsoft’s reputation or goodwill in the Microsoft Icon; or
  • vi. Alter, animate, or distort the Microsoft Icon or combine it with any other symbols, words, images, or designs, or incorporate them into a tagline or slogan.

In addition to the requirements under these Terms, you must at all times also comply with the Microsoft Brand Guidelines located at https://www.microsoft.com/en-us/legal/intellectualproperty/trademarks/usage/default.aspx. We may change the Brand Guidelines without notice; you are responsible for keeping your use compliant with the current Brand Guidelines. Microsoft will be the sole beneficiary of any goodwill associated with your use of the Microsoft Icons.

2. Security

You warrant that your Application has been developed to operate with Microsoft API content in a secure manner. Your network, operating system and the software of your servers, databases, and computer systems (collectively, “Systems”) must be properly configured to securely operate your Application and store content collected through your Application (including the Microsoft API content). Your Application must use reasonable security measures to protect the private information of your users.

We may use technology to detect, prevent or limit the impact of any issues caused by your Application (before or instead of suspension of your access). This may include, for example, filtering to stop spam, limiting or removing your access to the Microsoft API.

You must have a process to respond to any vulnerabilities in your Application, and in the case of any vulnerabilities related to your Application’s connection to the Microsoft API discovered by you or reported to you by a third party, you agree that you will provide vulnerability details to the Microsoft Security Response Center (secure@microsoft.com).

In the event of a data breach by either party resulting from any aspect of the Microsoft API involving your Application or any content collected through your Application, you will contact the Microsoft Security Response Center (secure@microsoft.com) and provide details of the data breach. You agree to refrain from making public statements (e.g. press, blogs, social media, bulletin boards, etc.) without prior written and express permission from Microsoft in each instance as it relates to the Microsoft API.

3. Your Compliance with Applicable Data Protection Laws

You must comply with all laws and regulations applicable to your use of the data accessed through the Microsoft API, including without limitation laws related to privacy, biometric data, data protection and confidentiality of communications. Your use of the Microsoft API is conditioned upon implementing and maintaining appropriate protections and measures for your Application that processes data obtained through the use of the Microsoft API. For the data you obtained through the Microsoft API, you must:

  • i. obtain all necessary consents before processing data,
  • ii. limit your use to current data, including refreshing data at least every 30 days and implementing corrections or restrictions to data or the deletion of data as reflected in the Microsoft API,
  • iii. implement proper retention and deletion policies, including deleting all data when your user uninstalls your Application, closes its account with you, or abandons the account, and,
  • iv. maintain and conform to a written statement available to customers and users that describe your privacy practices regarding data and information you collect and use, and that statement must be as protective as the Microsoft Privacy Statement.

Nothing in these API Terms shall be construed as creating an employer-employee relationship, a partnership, or a joint venture between the parties. Further, for data protection purposes, nothing in these API Terms shall be construed as creating a joint controller or processor- subprocessor relationship between you and Microsoft.

4. Changes to Microsoft APIs

We may change or discontinue the availability of some or all of the Microsoft APIs at any time for any reason with or without notice. Such changes may include removal of features, or the requirements of fees for previously free features. We may also impose limits on certain features and services or restrict your access to some or all of the Microsoft APIs. We may release subsequent versions of the Microsoft APIs and require that you use those subsequent versions, at your sole cost and expense. Your continued use of the Microsoft APIs following a subsequent release will be deemed your acceptance of modifications. Any Microsoft API designated “pre-release”, “preview”, or “beta” (“Beta API”), may not work in the same way as a final version. We may change or not release a final or commercial version of a Beta API in our sole discretion. All of our rights in these Terms may be exercised without prior notice or liability to you.

5. Feedback

If you give feedback about the Microsoft APIs to Microsoft, you give to Microsoft, without charge, the right to use, share and commercialize your feedback in any way and for any purpose. You will not give feedback that is subject to a license that requires Microsoft to license its software or documentation to third parties because Microsoft includes your feedback in them. These rights survive this agreement.

6. Confidentiality

You may be given access to certain non-public information, software, and specifications relating to the Microsoft API (“Confidential Information”), which is confidential and proprietary to Microsoft. You may use Confidential Information only as necessary in exercising your rights granted under these API Terms. You may not disclose any Confidential Information to any third party without Microsoft’s prior written consent. You agree that you will protect any Confidential Information from unauthorized use, access, or disclosure in the same manner that you would use to protect your own confidential and proprietary information.

7. Disclaimer of Warranties, Limitation of Liability and Indemnity

a. Disclaimer of Warranties

WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE MICROSOFT APIS. YOU UNDERSTAND THAT USE OF THE MICROSOFT APIS IS AT YOUR OWN RISK AND THAT WE PROVIDE MICROSOFT APIS ON AN “AS IS” BASIS “WITH ALL FAULTS” AND "AS AVAILABLE." TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE API TERMS ARE INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DON'T GUARANTEE MICROSOFT APIS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR.YOU MAY BE ABLE TO ACCESS THIRD-PARTY WEBSITES OR SERVICES VIA MICROSOFT APIS; YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR SUCH WEBSITES OR SERVICES OR CONTENT THAT MAY BE AVAILABLE THERE.

b. Limitation of Liability

If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from Microsoft or any affiliates, resellers, distributors, suppliers (and respective employees, shareholders, or directors) and vendors, only direct damages up to USD $5.00 collectively. You can't recover any other damages or losses, including, without limitation, direct, consequential, lost profits, special, indirect, incidental, or punitive.

These limitations and exclusions apply even if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms or your use of any Microsoft API or the Microsoft Icons.

c. Indemnity

You will defend, hold harmless, and indemnify Microsoft from any claim or action brought by a third party, including all damages, liabilities, costs and expenses, and reasonable attorney fees, to the extent resulting from, alleged to have resulted from, or in connection with your breach of the obligations herein or infringement of Microsoft’s or a third party’s intellectual property.

8. Termination

We may immediately terminate or suspend these API Terms, any rights granted herein, and/or your license to the Microsoft APIs, in our sole discretion at any time, for any reason. You may terminate these API Terms at any time by ceasing your access to the Microsoft APIs. Upon termination, all licenses granted herein immediately expire and you must cease use of the Microsoft APIs. Neither party will not be liable to the other for any damages resulting solely from termination of these API Terms.

9. General Terms

a. Applicable Law

  • i. United States. If you acquired the software 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.
  • ii. Outside the United States. If you acquired the software in any other country, the laws of that country apply.

b. Support

Because the Microsoft APIs are provided “as is,” we may not provide support services for them.

c. Demonstrating Compliance

Upon Microsoft’s request and to Microsoft’s satisfaction, and at your sole cost and expense, you will demonstrate your compliance with this Agreement and respond to any questions by Microsoft about your compliance with this Agreement.

d. Assignment and Delegation

You may not assign or delegate any rights or obligations under these Terms, including in connection with a change of control. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under these Terms, fully or partially without notice to you.

e. Reservation of Rights

All rights not expressly granted herein are reserved by Microsoft. You acknowledge that all intellectual property rights within Microsoft APIs remain the property of Microsoft and nothing within these Terms will act to transfer any of these intellectual property rights to you.

f. No Waiver

Either party’s failure to act with respect to a breach of these Terms does not waive either party’s right to act with respect to that breach or subsequent similar or other breaches.

g. Survival

Sections of these API Terms that, by their terms, require performance after the termination or expiration of these API Terms will survive.

h. Entire Agreement

These Terms (including the API Terms and any Additional Terms) and any documents incorporated into these Terms by reference, constitute the entire agreement between you and us regarding the Microsoft APIs and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms. If any provision of these Terms is found to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable to the maximum extent possible.

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