TouchDevelop Cloud Services Agreement


Last updated: November 13, 2012

 

This is a contract between you and Microsoft Corporation. This contract sometimes refers to Microsoft as “we,” “us” or “our.” This contract applies to the TouchDevelop Cloud Services and associated software, including all updates, support, and content that display or link to this contract and that you use while this contract is in force. This contract refers to all of these as the “service.”  You represent that you are at least 18 years of age or have attained the age of majority where you live, and that all information you supply is true and correct. Your use of the service may be subject to posted notices or codes of conduct. All such notices and codes of conduct are incorporated by reference into this contract.

 

This service is a pre-release version. It may not work the way a final version of the software will. We may change it for the final version. We also may not release a final version.

 

You may use the service only if you agree to these terms. If you do not agree, do not use the service. This contract limits our liability and disclaims warranties for the service to the maximum extent permitted by law. Please read these sections of the contract carefully.

 

 

1.      How You May Use the Service


In using the service, you must

 

 

2.      How You May Not Use the Service

In using the service, you may not

 

 

3.      You Are Responsible For Your Service Account

 

Only you may use your service account. You are responsible for all activity that takes place with your service account. You may not authorize any third party to access and/or use the service on your behalf except where Microsoft provides a mechanism for third parties to access the service on your behalf.  In order to access the service, you will be asked to sign in with either your Facebook or Twitter credentials.  By providing such credentials, you agree to permit Microsoft to use such credentials for the purpose of authenticating your log in. 

 

This service is not associated with or endorsed by Facebook, Inc. or Twitter, Inc.  Your use of the Twitter service or Facebook service is subject to their respective terms of service and privacy policies. 

 

4.      How We May Change This Contract


Microsoft may change this contract at any time without notice. If you do not stop using the service, your continued use of the service will be under the changed contract.

 

5.      Service Software

 

If you use or receive software from us as part of the service (“Service Software”), its use is governed by one of two terms (the "License Terms"): If you're presented with a license for the Service Software, the terms of that license apply; if no license is presented to you, the terms of this contract apply. Unless applicable law gives you more rights, Microsoft reserves all other rights to the Service Software not expressly granted by Microsoft under the License Terms, whether by implication, estoppel or otherwise. All license rights graned by Microsoft are conditioned on your compliance with the terms and conditions of this agreement.

 

6.      Changes to the Service; If We Cancel the Service

 

You may stop your use of the Service at any time for any reason.  We may change the service or delete features at any time and for any reason.   We may cancel or suspend your service at any time.  Our cancellation or suspension may be without cause and/or without notice.   Upon service cancellation, your right to use the service stops immediately.  Once the service is cancelled or suspended, any data you have stored on the service might not be available to you later. You are responsible for taking necessary steps to back up your data.

 

7.      Your Content

 

You may be able to submit content (including code) for use in connection with the service. You understand that Microsoft does not control or endorse the content that you and others post or provide on the service. Except for material that we otherwise own and license to you, we do not claim ownership of the content you post or provide on the service.

 

The service may include public areas available to the general public and shared areas available to others you or Microsoft have selected. If you share content with others on the service, in either public or shared areas, then you understand that others with whom you have shared content may use that content.

 

You understand that Microsoft may need and you hereby authorize Microsoft to use, modify, copy, distribute and display your content posted on the service to the extent necessary to provide the service. This includes:

 

 

You understand that sharing content that violates others' copyrights and other intellectual property rights (including, without limitation, patent, trademark, trade secret or publicity rights) violates this contract. You represent and warrant that you have all the rights necessary for you to grant the rights in this section and that the use and publication of the content does not breach any law. We will not pay you for your content. We may refuse to publish your content and may remove your content from the service at any time.

 

We encourage you to not share information that others could use to harm you. We encourage parents to be aware of and help exercise control over content posted by and activities of their children to keep them safe online.

 

Microsoft is not responsible for the content of any user-created posting, listing or message. The decision to view content or engage with others is yours. We advise you to use your judgment.

 

8.      Script Contributor Grant.


You can create scripts using the TouchDevelop application for Windows Phone or the
www.touchdevelop.com web application or other client applications that may be made available by Microsoft. You may choose whether to make such scripts (“Scripts”)  (including those based off scripts you obtain through the service) public. By making your Scripts public, you (the “Script Creator”)  irrevocably grant to Microsoft, its affiliated companies and any other users of the service a world-wide, royalty-free, non-exclusive, perpetual license: (i) under intellectual property rights (other than patent) Licensable by the Script Creator, to use, reproduce, modify, create derivative works, display, perform, sublicense and distribute the Scripts (or portions thereof); and (ii) under claims of a patent Licensable by the Script Creator (whether now owned or hereafter acquired) infringed by the making, using, or selling of the Scripts either alone and/or in combination with other scripts obtained through the service (or portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of the Scripts and such combination. Notwithstanding any patent license granted under (ii) above, no patent license is granted separate from the Scripts, or for infringements caused by: (a) third party modifications of Scripts or (b) the combination of the Scripts with other software (except as part of the combination with other scripts obtained through the service) or other devices.

 

"Licensable" means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein.

 

No compensation will be paid with respect to the use of your Scripts. Microsoft is under no obligation to post or use any Script, and Microsoft may remove any Script at any time.

 

By providing a Script you warrant that you own or otherwise control all of the rights to your Script and that your Script is not subject to any rights of a third party (including without limitation, any copyright, patent, trademark, or personality or publicity rights of any person).

 

Microsoft is not responsible for the content of any Script.  The decision to copy, modify, run or otherwise make use of any Scripts available through this service is yours.

 

9.      Media

 

You may upload pictures, artwork, sounds or other media (collectively “Media”) through the service for use in connection with Scripts.  By uploading any Media, you irrevocably grant to Microsoft, its affiliated companies and any other users of the service a world-wide, royalty-free, non-exclusive, perpetual license to use, reproduce, modify, create derivative works, display, perform, sublicense and distribute the Media (or portions thereof) in connection with the Script.  Microsoft reserves the right to limit the size or quantity of any Media you may upload in connection with a Script.

 

No compensation will be paid with respect to the use of your Media. Microsoft is under no obligation to post or use any Media, and Microsoft may remove any Media at any time.

 

By providing Media you warrant that you own or otherwise control all of the rights to such Media and that your Media is not subject to any rights of a third party (including without limitation, any copyright, patent, trademark, or personality or publicity rights of any person) or an Excluded License (defined in Section 10 below).

 

Microsoft is not responsible for the content of any Media.  The decision to copy, modify, run or otherwise make use of any Media available through this service is yours.

 

 

10.  Using the Create App for Windows Phone Store Feature

 

If you make your Script available to the public, you have the option to use the Create App for Windows Phone Store Feature to create an application file (“Your Windows Phone Application”) that you can then submit to the Windows Phone Store for possible certification.  You must have an MSDN developer account in order to submit Your Windows Phone Application to the Windows Phone Store.  More information is available at http://create.msdn.com/en-US/.  All submissions to the Windows Phone Store are subject to the Windows Phone Store terms and conditions and certification requirements, and Your Windows Phone Application is not guaranteed to be certified.

 

The Create App for Windows Phone Store Feature combines your Script (and any associated Media) with Microsoft proprietary code (the “Windows Phone Runtime”).  By using the Create App for Windows Phone Store Feature, and subject to your compliance with the terms and conditions of this agreement, Microsoft grants you a non-exclusive license to use, copy and distribute the Windows Phone Runtime in binary form only solely as part of Your Windows Phone Application. You may not:

·         reverse engineer, decompile, modify or disassemble the Windows Phone Runtime, except and only to the extent authorized by applicable law notwithstanding such prohibition;

·         remove any copyright or other notices from the Windows Phone Runtime;

·         extract the Windows Phone Runtime from Your Windows Phone Application; or

·         license or otherwise permit anyone to do any of the foregoing.

 

Without limiting the foregoing, you may not use Your Windows Phone Application or your Script in such a way that would cause the Windows Phone Runtime to be subject to any Excluded License terms or obligations. For purposes of this section, “Excluded License” means any license requiring, as a condition of use, modification and/or distribution of the software subject to the license, that the software or other software combined and/or distributed with it be (i) disclosed or distributed in source code form; (ii) licensed for the purpose of making derivative works; or (iii) redistributable at no charge or at cost. 


All rights not expressly granted to you in this section are reserved.

 

If Your Windows Phone Application calls any third party application publishing interfaces (“APIs”) (including Microsoft APIs), you are responsible for obtaining any necessary rights and complying with the terms and conditions accompanying such APIs.  Microsoft will not be liable to any third party for your misuse of APIs.

 

By providing any content in the Create App for Windows Phone Store Feature, you warrant that you own or otherwise control all of the rights to such content and that such content is not subject to any rights of a third party (including without limitation, any copyright, patent, trademark, or personality or publicity rights of any person).  You warrant that all the information you provide using the Create App for Windows Phone Store Feature, such as publisher name and API keys, is accurate and complete.

 

11.  Microsoft Advertising SDK for Windows Phone

 

As part of the Create App for Windows Phone Store Feature, you can decide to incorporate the Microsoft Advertising SDK for Windows Phone into Your Windows Phone Application.  Your use of the Microsoft Advertising SDK for Windows Phone is governed by the license terms set forth at http://www.touchdevelop.com/Documents/MicrosoftAdvertisingSDKforWindowsPhoneEULA.htm.  More information is available at http://msdn.microsoft.com/en-us/library/hh286399(v=VS.92).aspx

 

In order to integrate advertisements into Your Windows Phone Application, you must register Your Windows Phone Application with Microsoft pubCenter.  Your participation in Microsoft pubCenter is subject to the Microsoft pubCenter terms and conditions available at https://pubcenter.microsoft.com/StaticHTML/TC/TC_en.html, and we do not guarantee that Your Windows Phone Application will qualify for inclusion in Microsoft pubCenter.

 

12.  Using the Create App for Windows Store Feature

 

If you make your Script available to the public, you have the option to use the Create App for Windows Store Feature to create a solution using Microsoft Visual Studio 2012 (“Your Windows Store Application”) that you can then compile to create package to submit to the Windows Store for possible certification.  You must have a developer license for Windows 8 to install, develop, and test Windows Store apps in order to submit Your Windows Store Application to the Windows Store.  More information is available at http://msdn.microsoft.com/en-us/library/windows/apps/hh974578.aspx. All submissions to the Windows Store are subject to the Windows 8 app certification requirements, and Your Windows Store Application is not guaranteed to be certified. More information is available at http://msdn.microsoft.com/en-us/library/windows/apps/hh694083.aspx.

 

The Create App for Windows Store Feature combines a compiled form of your Script (and any associated Media) with Microsoft proprietary code (the “Windows Store Runtime”; provided as the file “runtime.js”).  By using the Create App for Windows Store Feature, and subject to your compliance with the terms and conditions of this agreement, Microsoft grants you a non-exclusive license to use, copy and distribute the Windows Store Runtime in its provided form only solely as part of Your Windows Store Application through the Windows Store. You may not:

·         reverse engineer, decompile, modify or disassemble the Windows Store Runtime, except and only to the extent authorized by applicable law notwithstanding such prohibition;

·         remove any copyright or other notices from the Windows Store Runtime;

·         extract the Windows Store Runtime from Your Windows Store Application; or

·         license or otherwise permit anyone to do any of the foregoing.

 

Without limiting the foregoing, you may not use Your Windows Store Application or your Script in such a way that would cause the Windows Store Runtime to be subject to any Excluded License terms or obligations.


All rights not expressly granted to you in this section are reserved.

 

If Your Windows Store Application calls any third party application publishing interfaces (“APIs”) (including Microsoft APIs), you are responsible for obtaining any necessary rights and complying with the terms and conditions accompanying such APIs.  Microsoft will not be liable to any third party for your misuse of APIs.

 

By providing any content in the Create App for Windows Store Feature, you warrant that you own or otherwise control all of the rights to such content and that such content is not subject to any rights of a third party (including without limitation, any copyright, patent, trademark, or personality or publicity rights of any person).  You warrant that all the information you provide using the Create App for Windows Store Feature, such as publisher name and API keys, is accurate and complete.

 

13.  Links to Third-party Web Sites.

 

The service may contain links to third-party Web sites. These third-party Web sites are not under Microsoft’s control. If Microsoft has included these links in the service, we provide them to you as a convenience only. The inclusion of these links is not an endorsement by Microsoft of any third-party Web site, service or product. Microsoft reserves the right to disable links to any third-party Web site that you or other customers post on the service.

 

14.  Privacy        

In order to operate and provide the service, we collect certain information about you. As part of the service, we may also automatically upload information about your machine, your use of the service and service performance.  We use and protect that information as described in the TouchDevelop Cloud Services Privacy Statement (http://research.microsoft.com/en-us/um/legal/TouchDevelopPS_4-2012.htm). In particular, we may access or disclose information about you, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of Microsoft or our customers, including the enforcement of our agreements or policies governing your use of the service; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Microsoft employees, customers or the public.

 

The service is a private computer network that Microsoft operates for the benefit of itself and its customers.  Microsoft retains the right to block or otherwise prevent delivery of any type of email or other communication to or from the service as part of our efforts to protect the service, protect our customers or stop you from breaching this contract.  The technology or other means we use may hinder or break your use of the service.

 

15.  Feedback

 

If you give us feedback, you give Microsoft, without charge, the right to use, share and commercialize your feedback in any way and for any purpose.  You also give to third parties, without charge, any patent rights needed for their products, technologies and services to use or interface with any specific parts of a Microsoft site, software or service that includes the feedback. You will not give feedback that is subject to a license that requires Microsoft to license its software or documentation to third parties because we include your feedback in them. These rights survive this contract.

 

16.  Our Notices to You; Your Notices to Us

 

This contract is in electronic form. We have the right to send you information about the services in electronic form. There may be information about the services that the law requires us to send to you. We may send this information to you in electronic form.

 

We may provide required information to you

 

 

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 service, you have the necessary software and hardware to receive these notices. If you do not consent to receive notices electronically, you must stop using the service.

 

17.  No Warranty

 

We provide the service “as-is,” “with all faults” and “as available.” Microsoft makes no guarantee about the reliability, accuracy or timeliness of information available from the service

 

We and our affiliates, resellers, distributors and vendors (collectively, the “Microsoft Parties”) give no express warranties, guarantees or conditions.   You bear the risk of using it. You may have additional consumer rights under your local laws that this contract cannot change. We exclude any implied warranties or conditions including those of merchantability, fitness for a particular purpose, workmanlike effort, and non-infringement.

 

18.  Liability Limitation

                      

Microsoft will not be liable to you for any damages related to the services, including direct, consequential, lost profits, special, indirect or incidental damages, to the maximum extent the law permits.

 

This limitation applies to anything related to:

 

 

It also applies even if

 

 

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. They also may not apply to you because your province or country may not allow the exclusion or limitation of incidental, consequential or other damages.

 

19.  Applicable Law and Place for Resolving Disputes

 

Washington state law governs the interpretation of this contract 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 contract.

 

20.  Contract Interpretation

 

All parts of this contract apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then that part will be replaced with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This contract, together with any codes of conduct and other notices we provide, is the entire contract between Microsoft and you regarding the service. It supersedes any other contract or statements related to the service. If you have confidentiality obligations related to the service, those obligations remain in force (for example, you may have been a tester for a pre-release version of a service). The section titles in the contract do not limit the other terms of this contract.

 

21.  Assignment

 

Microsoft may assign this contract, in whole or part, at any time without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the service or any part of the service.

 

22.  Force Majeure

 

Microsoft will not be liable for any loss or damage or be deemed to be in breach of this contract due to any event or circumstance beyond its reasonable control, including, war, invasion, electrical shortages, terrorist attacks, earthquakes or acts of God.

 

23.  Notices

 

Copyright Notice

All contents of the service are Copyright © 2011 Microsoft Corporation and/or its suppliers, One Microsoft Way, Redmond, Washington 98052-6399 U.S.A. All rights reserved.

 

Respect Copyright

Please respect the rights of authors, artists and creators. Content such as code, music, photos and video may be protected by copyright. People appearing in content may have a right to control use of their image. You may not share other people’s content unless you own the rights, have permission from the owner, or such sharing is otherwise legal.

 

Trademark Notice

Microsoft is a registered trademark of Microsoft Corporation. Trademark information is available at http://www.microsoft.com/about/legal/intellectualproperty/trademarks/default.mspx. Any rights not expressly granted are reserved.

 

Notices and Procedures for Making Claims of Copyright Infringement

Under Title 17, United States Code, Section 512 (c ) (2), notifications of claimed copyright infringement should be sent to our Designated Agent. All inquiries not relevant to the following procedure will not receive a response. See Notice and Procedure for Making Claims of Copyright Infringement. See Notice and Procedure for Making Claims of Copyright Infringement at http://www.microsoft.com/info/cpyrtInfrg.htm

 

Unsolicited Idea Submission Policy

MICROSOFT OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW MERCHANDISE OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS, OR NEW MERCHANDISE NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN MICROSOFT'S MERCHANDISE OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO MICROSOFT. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO MICROSOFT OR ANYONE AT MICROSOFT. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT MICROSOFT MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.

 

Support

Customer support is not offered for the service, unless provided otherwise in this contract or the materials we publish in connection with a particular service specify that it includes customer support.