ACCEPTANCE OF TERMS
DESCRIPTION OF WEBSITE SERVICES
This Website provides you with the ability to test the Microsoft Azure Service Fabric service (“Service Fabric”) by using one or more publicly available Service Fabric clusters (“Party Clusters”). You may request access to a Party Cluster through the Website. You may upload applications to your assigned Party Cluster for the sole purpose of testing and evaluating Service Fabric. Microsoft may allow multiple different users to upload and run applications in the same Party Cluster. Party Clusters are intended solely for testing and evaluation of Service Fabric ; therefore, Microsoft may periodically reset Party Clusters. Resetting a Party Cluster will result in the deletion of all applications and data stored in the Party Cluster, and any links previously sent to the Party Cluster will no longer be valid. You may not run any production workloads in a Party Cluster. The above-described functionality and all other functionality, services, resources, and information made available through the Website are referred to as the “Website Services.” The Website Services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to these TOU.
PRIVACY AND DATA PROTECTION
The Website Services are intended solely for testing and evaluation of Service Fabric . Microsoft makes no commitments whatsoever regarding the privacy or security of applications or data you choose to upload to the Website Services. If you choose to upload applications or data to a Party Cluster, other users of the Party Cluster or of the Website Services may be able to view, copy, or delete your applications or data. You agree not to upload any applications or data to the Website Services that include personal information or any other sensitive data. If you provide your email address or other personal information to Microsoft though the Website Services, or if you sign into the Website Services using your Microsoft Account, Microsoft will treat your personal information in accordance with the Microsoft Privacy Statement, which pertains to the Website Services.
SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to download from the Website Services ("Software"), if any, is the copyrighted work of Microsoft and/or its suppliers. Use of the Software is governed by the license terms, if any, which accompany or are included with the Software ("License Agreement"). The Software is made available for download solely for use by end users according to the License Agreement.
MATERIALS POSTED ON THIS WEBSITE
All materials, including software, help topics, white papers, datasheets, videos, and FAQs (collectively “Materials”) that are made available as part of the Website Services are the copyrighted work of Microsoft or its suppliers. Your use of these Materials is governed by one of two sets of license terms; if you are presented with a license for the Materials, the terms of that license apply; if no license is presented to you, these terms apply. Microsoft reserves all other rights to the Materials not expressly granted under these license terms. In your use of the Materials you may not:
• Remove, modify or tamper with any copyright notices;
• Distribute the Materials to third parties, including by posting the Materials on any networked computer for access by any other computer on the network, or broadcast the Materials in any media; or
• Make any modifications to the Materials.
Materials specified above do not include the design or layout of the Website or any other Microsoft-owned, operated, licensed, or controlled site. Elements of Microsoft Websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, or image from any Microsoft Website may be copied or retransmitted unless expressly permitted by Microsoft.
Microsoft may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the Materials. By providing the Materials to you, Microsoft does not give you any license to these patents, trademarks, copyrights, or other intellectual property, unless Microsoft does so expressly in writing.
Some Materials available as part of the Website Services are licensed to you by third parties. Microsoft does not grant you any additional rights (express or implied) for such third-party Materials.
MICROSOFT AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE OPERATION OF THE WEBSITE SERVICES OR THE SUITABILITY OF THE INFORMATION CONTAINED IN THE MATERIALS AS PART OF THE WEBSITE SERVICES FOR ANY PURPOSE. THE WEBSITE SERVICES AND ALL SUCH MATERIALS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MICROSOFT AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE FOREGOING, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE MATERIALS AND RELATED GRAPHICS PUBLISHED ON THE WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MICROSOFT AND ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE SERVICES AND/OR THE MATERIALS DESCRIBED HEREIN AT ANY TIME. IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE THE WEBSITE SERVICES, ANY PROVISION OF OR FAILURE TO PROVIDE THE WEBSITE SERVICES, OR ANY INFORMATION AVAILABLE FROM THE WEBSITE SERVICES. THE AGGREGATE LIABILITY OF MICROSOFT ARISING UNDER THIS AGREEMENT WILL NOT EXCEED $5.00 USD.
UNSOLICITED IDEA SUBMISSION POLICY
Neither Microsoft nor any of its employees accept or consider unsolicited ideas, including ideas for new advertising campaigns, promotions, products or technologies, processes, materials, marketing plans, or product names. Please do not send any artwork, samples, demos, or other unsolicited ideas to Microsoft or anyone at Microsoft. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Microsoft's products or marketing strategies might seem similar to ideas submitted to Microsoft. If, despite our request that you not send us your ideas or materials, you still send them, please understand that Microsoft makes no assurances that your ideas or materials will be treated as confidential or proprietary.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Website Services, you will not use the Website Services for any purpose that is unlawful or prohibited by these TOU. You may not use the Website Services in any manner that could damage, disable, overburden, or impair any Microsoft server, or any networks connected to any Microsoft server, or that could interfere with any other party's use and enjoyment of any Website Services. You may not attempt to gain unauthorized access to any Website Services, other accounts, computer systems, or networks connected to any Microsoft server or to any of the Website Services 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 the Website Services.
If you provide feedback to Microsoft, you give Microsoft an irrevocable, perpetual, sublicensable right to use, share, and commercialize your feedback in any way and for any purpose at no charge. You also give third parties any patent rights in your feedback needed for their products, technologies, and services to use or interface with any specific parts of a Microsoft software or service at no charge. You will not give feedback that is subject to a license or other obligation that requires Microsoft to grant or pass through any rights or make any disclosures or payments to third parties. These rights survive these terms. No compensation will be paid with respect to the use of your Submission, as provided herein. Microsoft is under no obligation to post or use any Submission you may provide, and Microsoft may remove any Submission at any time in its sole discretion. By posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these TOU including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submission.
LINKS TO THIRD PARTY SITES
The Website Services may contain links to third party websites that are external to the Website. These websites are not under Microsoft’s control. Microsoft makes no effort to review the content of these websites, including the validity, legality, copyright compliance, or decency of such content, and is not responsible for the content of these websites. If Microsoft has included these links in the Website to third-party websites, such links are provided for convenience only. Microsoft does not endorse or make any representation, guarantee, or assurance regarding any third-party website, service, or product. Any third-party product or service that you acquire, and any exchange of data between you and such third-party provider, is solely between you and the third party. Third party websites may be subject to the third-party’s terms, conditions, and privacy statements. Microsoft may disable links to any third-party website that you or others post on the Website.
INTELLECTUAL PROPERTY RIGHTS
Microsoft or its suppliers retain all right, title, and interest in and to the Website and the Website Services, including all copyrights, patents, trade secrets, trademarks, and other intellectual property rights. Microsoft reserves all rights not expressly granted. These TOU do not grant or imply any rights to any Microsoft or supplier trademarks, trade names, or logos. Trademark information is available at http://www.microsoft.com/en-us/legal/intellectualproperty/trademarks/en-us.aspx Any rights not expressly granted herein are reserved. Send your questions to the appropriate contact as listed below:
• Piracy questions can be routed to firstname.lastname@example.org or by calling 1-800-R-U-LEGIT 1-800-R-U-LEGIT FREE.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright should be sent to the Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
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