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MIT License | ||
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Copyright (c) Microsoft Corporation. | ||
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Permission is hereby granted, free of charge, to any person obtaining a copy | ||
of this software and associated documentation files (the "Software"), to deal | ||
in the Software without restriction, including without limitation the rights | ||
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell | ||
copies of the Software, and to permit persons to whom the Software is | ||
furnished to do so, subject to the following conditions: | ||
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The above copyright notice and this permission notice shall be included in all | ||
copies or substantial portions of the Software. | ||
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THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR | ||
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, | ||
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE | ||
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER | ||
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, | ||
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE | ||
SOFTWARE | ||
MICROSOFT RESEARCH LICENSE TERMS | ||
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IF YOU LIVE 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, machine learning models, or data (collectively “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. | ||
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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) Models. If machine learning model(s) are included, you may use the model(s), but you may not | ||
distribute the models. | ||
d) Data. If data is included, you may use and modify the data, but your use and modification must be | ||
consistent with the consent under which the data was provided and/or gathered and you may not | ||
distribute the data or your modifications to 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. | ||
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3) PERSONAL DATA. If the data (set forth in Section 1(c) above) includes or is found to include any data | ||
that enables any ability to identify an individual (“Personal Data”), you will not use such Personal Data for | ||
any purpose other than was authorized and consented to by the data subject/research participant. You | ||
will not use Personal Data to contact any person. You will keep Personal Data in strict confidence. You | ||
will not share any Personal Data that is collected or in your possession with any third party for any reason | ||
and as required under the original consent agreement. Further, you will destroy the Personal Data and | ||
any backup or copies, immediately upon the completion of your research. | ||
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4) LICENSE TO MICROSOFT. Notwithstanding the limitations in Section 1, 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. | ||
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5) 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. | ||
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6) 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 4 above. | ||
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7) COMPLIANCE WITH TRADE LAWS. You acknowledge that the Materials may be subject to applicable | ||
trade laws in one or more countries. You will comply with all relevant laws and regulations applicable to | ||
the import or export of the Materials, including but not limited to, trade laws such as the U.S. Export | ||
Administration Regulations or other end-user, end use, and destination restrictions by the U.S. and other | ||
governments, as well as sanctions regulations administered by the U.S. Office of Foreign Assets Control. | ||
Microsoft may suspend or terminate the agreement immediately to the extent that Microsoft reasonably | ||
concludes that continued performance would violate trade laws or put it at risk of becoming subject to | ||
sanctions or penalties under trade laws. For additional information, see www.microsoft.com/exporting. | ||
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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. | ||
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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 attorneygeneral 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. | ||
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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. | ||
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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). | ||
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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. | ||
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13)DISCLAIMER OF WARRANTY. THE MATERIALS ARE LICENSED “AS IS.” YOU BEAR THE RISK | ||
OF USING THEM. 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. | ||
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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. |