Media Access API License.txt

Microsoft Real-Time Media Platform for Bots API ("Media Access API") 
Terms of Use

Thank you for developing with Microsoft!

By accessing or using a Media Access API, including within a software application, 
website, tool, or product you create or a service you offer (your "Application"), you are 
agreeing to these terms and to comply with any accompanying documentation that 
applies to your use of a Media Access API ("API Terms") provided by 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. We may change, amend or terminate these API Terms 
at any time. Your use of a Media Access API after any change or amendment means 
you agree to the new API Terms. If you do not agree to the new API Terms or if we 
terminate these API Terms, you must stop using the Media Access API.

1. Defined Terms

a) "Customer(s)" means the licensee of a Microsoft service or application ("Microsoft 
Offering") and if the licensee is an organization, includes their administrators and end 
users.
b) "Media Access API" means (i) any form of machine accessible application 
programming interface that Microsoft makes publicly available which provides access to 
a Microsoft Offering that includes media content (e.g., audio or video), including all 
associated tools, elements, components and executables therein, (ii) any Microsoft 
sample code that enables interactions with a Microsoft Offering, and (iii) documentation 
that Microsoft makes available to help enable your access to the Media Access API.

2. Scope and Application Registration

a) These API Terms govern your use of Media Access APIs: (i) unless you have entered 
another agreement with Microsoft that expressly supersedes these API Terms and 
governs your use of Media Access APIs or (ii) the API documentation specifically 
identifies other API terms.
b) Registration for your Application may be required pursuant to documentation. If 
registration is required, you must register your Application with Microsoft. Your 
registration, including all data access permissions required or requested by your 
Application, must be accurate and kept up-to-date by you at all times. Once you have 
successfully registered an Application, you may be be given access credentials for your 
Application. "Access Credentials" means the necessary security keys, secrets, tokens, or 
other credentials to access the Media Access APIs. The Access Credentials enable us to 
associate your Application with your use of the Media Access APIs. All activities that 
occur using your Access Credentials are your responsibility. Access Credentials are non-
transferable and non-assignable. Keep them secret. You agree that you will not try to 
circumvent them.

3. Media Access API License and Guidelines

a) Media Access API License Subject to your compliance with all of the API Terms, 
Microsoft grants you a limited, non-exclusive, non-assignable, non-transferable, 
revocable license to use the Media Access APIs to develop, test, and support your 
Application, and allow Customers to use your integration of the Media Access APIs 
within your Application. You may use the Media Access APIs only as expressly permitted 
in these API Terms. Violation of these API Terms may result in the suspension or 
termination of your use of the Media Access APIs.

b) Media Access API Guidelines

You may NOT:

1.	Use the Media Access APIs in a way that could impair, harm or damage Microsoft, the 
	Media Access APIs, any Microsoft Offering, or anyone's use of the Media Access APIs or 
	any Microsoft Offering;
2.	Use the Media Access APIs to disrupt, interfere with, or attempt to gain unauthorized 
	access to services, servers, devices, or networks connected to or which can be accessed 
	via the Media Access APIs;
3.	Use the Media Access APIs, or any information accessed or obtained using the Media 
	Access APIs, for the purpose of migrating Customers away from a Microsoft Offering;
4.	Scrape, build databases or otherwise create copies of any data accessed or obtained 
	using the Media Access APIs, except as necessary to enable an intended usage scenario 
	for your Application;
5.	Request from the Media Access APIs more than the minimum amount of data, or more 
	than the minimum permissions to the types of data, that your Application needs for 
	Customers to use the intended functionality of your Application;
6.	Use the Media Access APIs to record or otherwise persist media content from calls or 
	meetings that your Application accesses;
7.	Use an unreasonable amount of bandwidth, or adversely impact the stability of the 
	Media Access APIs or the behavior of other apps using the Media Access APIs;
8.	Attempt to circumvent the limitations Microsoft sets on your use of the Media Access 
	APIs. Microsoft sets and enforces limits on your use of the Media Access APIs (e.g., 
	limiting the number of API requests that you may make or the number of users you may 
	serve), in its sole discretion;
9.	Use Media Access APIs in any manner that works around any technical limitations of the 
	Media Access APIs or of the accessed Microsoft Offering, or reverse engineer, decompile 
	or disassemble the Media Access APIs, except and only to the extent that applicable law 
	expressly permits, despite this limitation;
10.	Use the Media Access APIs, or any data obtained using the Media Access APIs, to 
	conduct performance testing of a Microsoft Offering unless expressly permitted by 
	Microsoft;
11.	Use the Media Access APIs, or any data obtained using the Media Access APIs, to 
	identify, exploit or publicly disclose any potential security vulnerabilities;
12.	Request or make available any data obtained using the Media Access APIs outside any 
	permissions expressly granted by Customers in connection with using your Application;
13.	Use any data accessed or obtained using the Media Access APIs for advertising or 
	marketing purposes;
14.	Make your Application available for use in a manner that circumvents the need for users 
	to obtain a valid license to the Microsoft application or service that is accessed through 
	the Media Access APIs;
15.	Redistribute or resell, or sublicense access to, the Media Access APIs, any data obtained 
	using the Media Access APIs, or any other Microsoft Offering accessed through the 
	Media Access APIs;
16.	Misrepresent expressly, by omission, or implication, the need for users to obtain a valid 
	license to the Microsoft application or service that is accessed through the Media Access 
	APIs;
17.	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 to hide a 
	violation of this agreement; or
18.	Use the Media Access APIs or allow any user to use the Application in a way that violates 
	applicable law, including:
	a. Illegal activities, such as child pornography, gambling, piracy, violating copyright, 
	   trademark or other intellectual property laws. 
	b. Intending to exploit minors in any way. 
	c. Accessing or authorizing anyone to access the Media Access APIs from an embargoed 
	   country as prohibited by the U.S. government. 
	d. Threatening, stalking, defaming, defrauding, degrading, victimizing or intimidating 
	   anyone for any reason. 
	e. Violating applicable privacy laws and regulations.

4. Security

You warrant that your Application has been developed to operate with Media Access 
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 Media Access API content). Your Application 
must use reasonable security measures to protect the private data 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 or limiting your access to the Media Access APIs.
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 Media Access 
APIs 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 you resulting from any aspect of the Media Access APIs 
involving your Application or any data collected through your Application, you will 
promptly 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 Media Access APIs.

5. 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 Media Access APIs, including without limitation laws related to 
privacy, biometric data, data protection and confidentiality of communications. Your use 
of the Media Access APIs is conditioned upon implementing and maintaining 
appropriate protections and measures for your Application that processes data obtained 
through the use of the Media Access APIs. For the data you obtained through the Media 
Access APIs, you must:
a) obtain all necessary consents before processing data,
b) 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 Media Access APIs,
c) 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,
d) maintain 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.

6. Changes to the Media Access APIs and API Terms

WE MAY CHANGE OR DISCONTINUE THE AVAILABILITY OF SOME OR ALL OF THE 
MEDIA ACCESS APIs AT ANY TIME FOR ANY REASON WITH OR WITHOUT NOTICE. 
Such changes may include, without limitation, removing or limiting access to specific 
API(s), requiring fees or setting and enforcing limits on your use of additions to the 
Media Access APIs. We may also impose limits on certain features and services or 
restrict your access to some or all of the Media Access APIs. We may release subsequent 
versions of the Media Access APIs and require that you use those subsequent versions, 
at your sole cost and expense.
Any version of the Media Access APIs designated as "preview", "pre-release" or "beta" 
("Preview 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 Preview API in our sole discretion. You may 
not use Preview APIs in production or generally available versions of your Application.
WE MAY MODIFY THESE API TERMS AT ANY TIME, WITH OR WITHOUT PRIOR 
NOTICE TO YOU. YOUR CONTINUED USE OF THE MEDIA ACCESS APIs FOLLOWING 
THE RELEASE OF A SUBSEQUENT VERSION OF THESE API TERMS WILL BE DEEMED 
YOUR ACCEPTANCE OF ANY MODIFICATIONS TO THESE API TERMS.

7. Feedback

If you give feedback about the Media Access 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 these API Terms.

8. Confidentiality

You may be given access to certain non-public information, software, and specifications 
relating to the Media Access APIs ("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.

9. 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 MEDIA ACCESS APIs. YOU 
UNDERSTAND THAT USE OF THE MEDIA ACCESS APIs IS AT YOUR OWN RISK AND 
THAT WE PROVIDE THE MEDIA ACCESS 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. WE DO NOT 
GUARANTEE THE MEDIA ACCESS APIs WILL FUNCTION WITHOUT INTERRUPTION 
OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE MEDIA 
ACCESS APIs MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR 
SYSTEM OR NETWORK FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES 
CAUSED BY ANY SUCH INTERRUPTION, ERRORS IN FUNCTIONING, OR THAT 
DATA LOSS WILL NOT OCCUR.

b) Limitation of Liability

IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES (INCLUDING BREACH OF 
THESE API 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 any claims related to these API Terms or your use of 
the Media Access APIs.

c) Indemnification

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 third party's intellectual property.

d) No Injunctive Relief

In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, 
or to enjoin or restrain the operation of the Media Access APIs, content or other 
material used or displayed through the current Microsoft website or successor site.

10. Termination

a) We may suspend or immediately terminate these API Terms, any rights granted 
herein, and/or your license to the Media Access 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 Media Access APIs.
b) Upon termination, all licenses granted herein immediately expire and you must cease 
use of the Media Access APIs. You must also comply with Customer's instruction to 
return or delete any data accessed or obtained through the Media Access APIs and any 
data derived from processing such data, unless expressly permitted by Microsoft or 
prohibited by law. Neither party will be liable to the other for any damages resulting 
solely from termination of these API Terms.

11. General Terms

a) Applicable Law
1.	United States. If you reside in the United States, Washington state law governs the 
	interpretation of these API Terms 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.
2.	Outside the United States. If you reside in any other country, the laws of that country 
	apply.
b) Support. Because the Media Access APIs are provided "as is," we may not provide 
support services for them. You are solely responsible for the quality of your Application 
and providing support for your Application.
c) Assignment and Delegation. You may not assign or delegate any rights or 
obligations under these API 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 API Terms, fully or partially without 
notice to you.
d) Reservation of Rights. All rights not expressly granted herein are reserved by 
Microsoft. You acknowledge that all intellectual property rights within the Media Access 
APIs remain the property of Microsoft and nothing within these API Terms will act to 
transfer any of these intellectual property rights to you.
e) Microsoft and you are independent contractors. Nothing in this Agreement shall 
be construed as creating an employer-employee relationship, processor-subprocessor 
relationship, a partnership, or a joint venture between the parties.
f) No Waiver. Either party's failure to act with respect to a breach of these API 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) Modifications. We may modify these API Terms at any time with or without 
individual notice to you. Any modifications will be effective upon your continued use of 
the Media Access APIs.
i) Entire Agreement. These API Terms and any documents incorporated into these API 
Terms by reference, constitute the entire agreement between you and us regarding the 
Media Access 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 API Terms. If any provision of these API 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.