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ms-research-license-terms
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MS Research License Terms
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Microsoft Research License Terms
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Proprietary Free
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Microsoft
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https://download.microsoft.com/download/B/8/8/B88DDDC1-F316-412A-94B3-025788436054/LICENSE.pdf
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LicenseRef-scancode-ms-research-license-terms
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license_text
MICROSOFT RESEARCH LICENSE TERMS
IF YOU LIVE IN (OR ARE A BUSINESS WITH A PRINCIPAL PLACE OF BUSINESS IN) THE UNITED
STATES, PLEASE READ THE “BINDING ARBITRATION AND CLASS ACTION WAIVER” SECTION
BELOW. IT AFFECTS HOW DISPUTES ARE RESOLVED.
These license terms are an agreement between you and Microsoft Corporation (or one of its affiliates). They
apply to the source code, object code, and/or data collectively “The Materials” that accompany this license. IF
YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW. BY USING THE MATERIALS,
YOU ACCEPT THESE TERMS.
1) INSTALLATION AND USE RIGHTS TO THE MATERIALS.
Subject to the terms of this agreement, you have the below rights, if applicable, to use The Materials solely for
non-commercial, non-revenue generating, research purposes:
a) Source Code. If source code is included, you may use and modify the source code, but you may not
distribute the source code.
b) Object Code. If object code is included, you may use the object code, but you may not distribute the
object code.
c) Data. If Data is included, you may use and modify the data, but you may not distribute the data.
2) SCOPE OF LICENSE. The Materials are licensed, not sold. Microsoft reserves all other rights. Unless
applicable law gives you more rights despite this limitation, you will not (and have no right to):
a) work around any technical limitations in The Materials that only allow you to use it in certain ways;
b) reverse engineer, decompile or disassemble The Materials;
c) remove, minimize, block, or modify any notices of Microsoft or its suppliers in The Materials;
d) use The Materials in any way that is against the law or to create or propagate malware; or
e) share, publish, distribute or lend The Materials, provide The Materials as a stand-alone hosted solution
for others to use, or transfer The Materials or this agreement to any third party.
3) LICENSE TO MICROSOFT. Notwithstanding the limitations in Section 1 (a), (b), and (c), you may
distribute your modifications back to Microsoft, and if you do provide Microsoft with modifications of The
Materials, you hereby grant Microsoft, without any restrictions or limitations, a non-exclusive, perpetual,
irrevocable, royalty-free, assignable and sub-licensable license, to reproduce, publicly perform or display,
install, use, modify, post, distribute, make and have made, sell and transfer such modifications and
derivatives for any purpose.
4) PUBLICATION. You may publish (or present papers or articles) on your results from using The Materials
provided that no material or substantial portion of The Materials is included in any such publication or
presentation.
5) FEEDBACK. Any feedback about The Materials provided by you to us is voluntarily given, and Microsoft
shall be free to use the feedback as it sees fit without obligation or restriction of any kind, even if the
feedback is designated by you as confidential. Such feedback shall be considered a contribution and
licensed to Microsoft under the terms of Section 3 above.
6) PERSONAL DATA. Personal data is any information relating to an identified or identifiable natural person.
Microsoft will undertake to ensure that the Materials contain no personal data. If, despite Microsoft’s
efforts in this regard, you identify personal data in the Materials, you agree not to use such personal data
for any purpose, to delete all copies of such personal data in your possession promptly, and to inform
Microsoft promptly of the foregoing so that it can remove such personal data from future transmissions of
the Materials.
7) EXPORT RESTRICTIONS. You must comply with all domestic and international export laws and
regulations that apply to The Materials, which include restrictions on destinations, end users, and end use.
For further information on export restrictions, visit (aka.ms/exporting).
8) SUPPORT SERVICES. Microsoft is not obligated under this agreement to provide any support services for
The Materials. Any support provided is “as is”, “with all faults”, and without warranty of any kind.
9) BINDING ARBITRATION AND CLASS ACTION WAIVER. This Section applies if you live in (or, if
a business, your principal place of business is in) the United States. If you and Microsoft have a
dispute, you and Microsoft agree to try for 60 days to resolve it informally. If you and Microsoft can’t, you
and Microsoft agree to binding individual arbitration before the American Arbitration Association
under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead,
a neutral arbitrator will decide. Class action lawsuits, class-wide arbitrations, private attorney-
general actions, and any other proceeding where someone acts in a representative capacity are not
allowed; nor is combining individual proceedings without the consent of all parties. The complete
Arbitration Agreement contains more terms and is at aka.ms/arb-agreement-1. You and Microsoft agree to
these terms.
10) ENTIRE AGREEMENT. This agreement, and any other terms Microsoft may provide for supplements,
updates, or third-party applications, is the entire agreement for The Materials.
11) APPLICABLE LAW AND PLACE TO RESOLVE DISPUTES. If you acquired The Materials in the United
States or Canada, the laws of the state or province where you live (or, if a business, where your principal
place of business is located) govern the interpretation of this agreement, claims for its breach, and all
other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of
laws principles, except that the FAA governs everything related to arbitration. If you acquired The
Materials in any other country, its laws apply, except that the FAA governs everything related to
arbitration. If U.S. federal jurisdiction exists, you and Microsoft consent to exclusive jurisdiction and venue
in the federal court in King County, Washington for all disputes heard in court (excluding arbitration). If
not, you and Microsoft consent to exclusive jurisdiction and venue in the Superior Court of King County,
Washington for all disputes heard in court (excluding arbitration).
12) CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal rights. You
may have other rights, including consumer rights, under the laws of your state, province, or country.
Separate and apart from your relationship with Microsoft, you may also have rights with respect to the
party from which you acquired The Materials. This agreement does not change those other rights if the
laws of your state, province, or country do not permit it to do so. For example, if you acquired The
Materials in one of the below regions, or mandatory country law applies, then the following provisions
apply to you:
a) Australia. You have statutory guarantees under the Australian Consumer Law and nothing in this
agreement is intended to affect those rights.
b) Canada. If you acquired this software in Canada, you may stop receiving updates by turning off the
automatic update feature, disconnecting your device from the Internet (if and when you re-connect to
the Internet, however, The Materials will resume checking for and installing updates), or uninstalling
The Materials. The product documentation, if any, may also specify how to turn off updates for your
specific device or software.
c) Germany and Austria.
i. Warranty. The properly licensed software will perform substantially as described in any
Microsoft materials that accompany The Materials. However, Microsoft gives no contractual guarantee
in relation to the licensed software.
ii. Limitation of Liability. In case of intentional conduct, gross negligence, claims based on
the Product Liability Act, as well as, in case of death or personal or physical injury, Microsoft is liable
according to the statutory law.
Subject to the foregoing clause (ii), Microsoft will only be liable for slight negligence if Microsoft is in
breach of such material contractual obligations, the fulfillment of which facilitate the due performance
of this agreement, the breach of which would endanger the purpose of this agreement and the
compliance with which a party may constantly trust in (so-called "cardinal obligations"). In other cases
of slight negligence, Microsoft will not be liable for slight negligence.
13) DISCLAIMER OF WARRANTY. THE MATERIALS IS LICENSED “AS IS.” YOU BEAR THE RISK OF
USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, MICROSOFT EXCLUDES ALL IMPLIED
WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT.
14) LIMITATION ON AND EXCLUSION OF DAMAGES. IF YOU HAVE ANY BASIS FOR RECOVERING
DAMAGES DESPITE THE PRECEDING DISCLAIMER OF WARRANTY, YOU CAN RECOVER FROM
MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT
RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL,
INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to (a) anything related to The Materials, services, content (including
code) on third party Internet sites, or third party applications; and (b) claims for breach of
contract, warranty, guarantee, or condition; strict liability, negligence, or other tort; or any
other claim; in each case to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the
damages. The above limitation or exclusion may not apply to you because your state,
province, or country may not allow the exclusion or limitation of incidental, consequential, or
other damages.