Microsoft Data License Agreement for Dataset for article -- “Automated Design of Pulse Sequences for Magnetic Resonance Fingerprinting using Physics-Inspired Optimization"
This Microsoft Data License Agreement (“Agreement”) is a legal agreement between you and Microsoft Corporation (or based on where you live, one of its affiliates). Please read them. They apply to the Microsoft dataset named above, which may include any associated materials, text or speech files, associated media and “online” or electronic documentation and any updates we provide in our discretion (together, the “Dataset”).
By agreeing to this Agreement and/or by using the Dataset, you accept these terms. If you do not accept them, do not use the Dataset. If you comply with these terms, you have the rights below.
1. SCOPE OF RIGHTS.
You may only use the Dataset:
i. for non-commercial research purposes such as teaching, academic research, and other fundamental research
ii. for analyzing and testing purposes; and
iii. to publish (or present papers or articles) on your results from using such Dataset, provided that no material portion of the Dataset is included in any such publication or presentation.
For the avoidance of doubt, the Dataset may be used by non-academic entities for basic research, but not for product or service development or improvement.
2. NO WARRANTY FOR MEDICAL PURPOSES. WITHOUT LIMITING SECTION 13 BELOW, THE DATASET IS EXPERIMENTAL IN NATURE AND IS NOT MADE AVAILABLE NOR MEANT FOR USE, AND YOU COVENANT NOT TO USE THE DATASET, AS (OR AS A COMPONENT OF) A MEDICAL DEVICE, DIAGNOSTIC TOOL, OR OTHER TECHNOLOGY OR SERVICE INTENDED TO BE USED FOR ANY MEDICAL OR CLINICAL PURPOSE, INCLUDING, BUT NOT LIMITED TO THE DIAGNOSIS, CURE, MITIGATION, MONITORING, OR TREATMENT OF A DISEASE, CONDITION, OR ILLNESS OF INDIVIDUAL PATIENTS OR TO AFFECT THE STRUCTURE OF THE HUMAN BODY OR OTHERWISE FOR THE PURPOSES OF INFORMING TREATMENT DECISIONS FOR INDIVIDUAL PATIENTS (COLLECTIVELY, “MEDICAL PURPOSES”). ACCORDINGLY, MICROSOFT DOES NOT WARRANT (AND HEREBY EXPRESSLY DISCLAIMS) SUITABILITY OR SUFFICIENCY FOR ANY MEDICAL PURPOSES WHATSOEVER, AND YOU ARE SOLELY RESPONSIBLE FOR (1) ANY USE OF THE DATASET THAT MAY REQUIRE COMPLIANCE WITH ANY CERTIFICATIONS, DECLARATIONS, APPROVALS, AUTHORIZATIONS, LICENSES, OR CONSENTS, REGULATORY OR OTHERWISE, THAT RELATE TO YOUR USE OF THE DATASET (ANY “APPROVALS”); AND (2) DETERMINING THE APPROPRIATE REGULATORY CLASSIFICATION AND OBTAINING AND MAINTAINING ALL APPROVALS AND COMPLYING WITH ALL APPLICABLE LAWS RELEVANT TO YOUR USE OF DATASET ON A STANDALONE BASIS OR AS A COMPONENT OF ANY DEVICE, TOOL, OR OTHER TECHNOLOGY OR SERVICE. YOU ARE SOLELY RESPONSIBLE FOR ANY HARM, PERSONAL INJURY OR DEATH THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE DATASET.
3. DISTRIBUTION RESTRICTIONS. You may not: (a) modify or distribute the Dataset; (b) alter any copyright, trademark or patent notice in the Dataset; (c) use Microsoft’s trademarks in a way that suggests your derivative works or modifications come from or are endorsed by Microsoft; or (d) include the Dataset in malicious, deceptive or unlawful programs.
4. OWNERSHIP. Microsoft retains all right, title, and interest in and to any Dataset provided to you under this Agreement. You acquire no interest in the Dataset you may receive under the terms of this Agreement.
5. FEEDBACK. If you give feedback about the Dataset 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 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 dataset or service that includes the feedback. You will not give feedback that is subject to a license that requires Microsoft to license its Dataset or documentation to third parties because we include your feedback in them. These rights survive this Agreement.
6. TERM; TERMINATION The term of this Agreement will commence upon your acceptance of this Agreement and will continue unless terminated earlier as provided herein. If you breach this Agreement or if you sue anyone over patents that you think may apply to or read on the dataset or anyone's use of the dataset, this Agreement (and your license and rights obtained herein) terminate automatically. If this agreement is terminated, you must return or destroy all full or partial copies of the Dataset in your possession immediately. Any sections that are intended to survive termination of this Agreement shall survive.
7. EXPORT RESTRICTIONS. The Dataset is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Dataset. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
8. ENTIRE AGREEMENT. This Agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the Dataset.
9. SEVERABILITY. If any court of competent jurisdiction determines that any provision of this Agreement is illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect.
10. GOVERNING LAW AND VENUE. This Agreement is governed by and construed in accordance with the laws of the state of Washington, without reference to its choice of law principles to the contrary. Each party hereby consents to the jurisdiction and venue of the state and federal courts located in King County, Washington, with regard to any suit or claim arising under or by reason of this Agreement.
11. LEGAL EFFECT. This Agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the Dataset. This Agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
12. NO ASSIGNMENT. You may not assign this Agreement or any rights or obligations hereunder, except with Microsoft’s express written consent. Any attempted assignment in violation of this section will be void.
13. DISCLAIMER OF WARRANTY. The Dataset is licensed “as-is.” You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights or statutory guarantees under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.