If you are using the Services:
Sections 1, 2 and 3 apply.
To find out more about a Bing Maps Agreement, please contact maplic@microsoft.com.
Sections 1, 2 and 4 apply.
To find out more about a Volume Licensing Agreement, please contact maplic@microsoft.com.
Sections 1, 2, 5 and 8 apply.
Sections 1, 2, 6 and 8 apply.
Sections 1, 2, 7 and 8 apply.
Sections 1, 2, 8 and 9 apply.
Sections 1, 2, 8 and 10 apply.
Sections 1, 2 and 12 apply.
This is a contract between you and Microsoft Corporation ("Microsoft"). Sometimes you are referred to as "Company", "you" or "your" and Microsoft is referred to as "we," "us" or "our". This Microsoft Bing Maps Platform APIs’ Terms of Use (the "TOU") applies to the Microsoft Bing Maps Platform APIs listed here and the Maps Platform APIs for the Universal Windows Platform ("UWP") listed here (collectively, the "Services").
The rights and obligations that you have under this TOU depend on your use of the Services as follows:
All rights to the Services and the Content, including rights of use, not specifically granted under this TOU or your Bing Maps Agreement are reserved by Microsoft and its suppliers. Except as set forth in your Bing Maps Agreement, this TOU does not grant Microsoft any right or license to any Company Application or Company intellectual property, including intellectual property that Company has licensed from third parties.
Except for material that we may license to you, we do not claim ownership of the content you post or otherwise provide to us, that is hosted by Microsoft or a third party hosting provider on Microsoft’s behalf, related to the Services (called a "Submission"). However, except as set forth herein, by posting or otherwise providing your Submission (and for the avoidance of doubt, where Microsoft hosts content on your behalf including by a third party hosting provider, this constitutes a Submission, but where you host or a third party hosts content on your behalf, other than Microsoft or a third party hosting provider on behalf of Microsoft, this does not constitute a Submission), you are granting to Microsoft free permission to use, copy, distribute, display, publish, transcode and otherwise modify your Submission, each in connection with the Services, and sublicense these rights to others in order to provide the Services. For every Submission you make, you must have all rights necessary for you to grant the permissions in this section. Content that you upload to the Bing Spatial Data Services API will only be used by Microsoft to provide the Services to you, unless you agree to grant Microsoft additional rights under this section by way of your Bing Maps Agreement or the process detailed in the SDKs.
All legal notices in connection with the Bing Maps Agreement or this TOU must be sent by post, express courier, facsimile or email to the addresses and numbers indicated in the Address Schedule of the Bing Maps Agreement. You are responsible for keeping your contact information up to date.
This TOU is in electronic form. We have promised to send you certain information in connection with the Services and have the right to send you certain additional information, including that which may be required by law, which we may send in electronic form. If you do not consent to receive notices electronically, you must stop using the Services.
We may provide required information to you:
Notices will be deemed given on the date shown on the postal return receipt or on the courier, facsimile or email confirmation delivery.
If you have separately entered into a Volume Licensing Agreement, the following terms also apply to your use of the Services.
All rights to the Services and the Content, including rights of use, not specifically granted under this TOU or your Volume Licensing Agreement are reserved by Microsoft and its suppliers. Except as set forth in your Volume Licensing Agreement, this TOU does not grant Microsoft any right or license to any Company Application or Company intellectual property, including intellectual property that Company has licensed from third parties.
Except for material that we may license to you, we do not claim ownership of the content you post or otherwise provide to us, that is hosted by Microsoft or a third party hosting provider on Microsoft’s behalf, related to the Services (called a "Submission"). However, except as set forth herein, by posting or otherwise providing your Submission (and for the avoidance of doubt, where Microsoft hosts content on your behalf including by a third party hosting provider, this constitutes a Submission, but where you host or a third party hosts content on your behalf, other than Microsoft or a third party hosting provider on behalf of Microsoft, this does not constitute a Submission), you are granting to Microsoft free permission to use, copy, distribute, display, publish, transcode and otherwise modify your Submission, each in connection with the Services, and sublicense these rights to others in order to provide the Services. For every Submission you make, you must have all rights necessary for you to grant the permissions in this section. Content that you upload to the Bing Spatial Data Services API will only be used by Microsoft to provide the Services to you unless you agree to grant Microsoft additional rights under this section, by way of your Volume Licensing Agreement or the process detailed in the SDKs.
All Bing Maps legal notices between the parties will be sent consistent with your Volume Licensing Agreement. You are responsible for keeping your contact information up to date. This TOU is in electronic form. We have promised to send you certain information in connection with the Services and have the right to send you certain additional information, including that which may be required by law, which we may send in electronic form. If you do not consent to receive notices electronically, you must stop using the Services.
We may provide required information to you:
Notices will be deemed given on the date shown on the postal return receipt or on the courier, facsimile or email confirmation delivery.
We may update the TOU from time to time and the impact of such changes is governed by your Volume Licensing Agreement. If you are licensing Bing Maps through your Volume Licensing Agreement as of May 1, 2014, the limits set forth in Section 4.2(c) will be effective as set forth in your Volume Licensing Agreement or January 1, 2015, whichever is later. Until the limits set forth in Section 4.2(c) above are effective, the limitation set forth below will continue to apply. In developing Company Applications, and in using the Services, you may not, nor may you permit your customers to: Exceed a total of 10,000,000 non-billable transactions using the Bing Spatial Data Services API per calendar year.
If you are licensing Bing Maps through your Volume Licensing Agreement as of May 1, 2014, and the terms of Section 4.9(c) apply to your use, the following limitation will be effective as set forth in your Volume Licensing Agreement or January 1, 2015, whichever is later: You may not exceed 10 million total forward or reverse geocoding transactions, sessions, or routing requests per year under the Bing Maps Enterprise Platform Service SL or Bing Maps Known User SL. Should you license more than 5000 Bing Maps Known User SLs, the limits set forth herein will be increased at a rate of 20 requests per Known User within any 24 hour period and 2000 requests per Known User per year, for each Known User SL above 5,000. Such increased limits will continue for the duration that you license more than 5,000 Bing Maps Known User SLs.
If you are licensing Bing Maps through your Volume Licensing Agreement as of May 1, 2014 and the terms of 4.9(d) apply to your use, the following limitation will be effective as set forth in your Volume Licensing Agreement or January 1, 2015, whichever is later: You may not exceed 5 million total forward or reverse geocoding transactions, sessions or routing requests per year under the Bing Maps Enterprise Platform Service SL or Bing Maps Light Known User SL. Should you license more than 5000 Light Known User SLs these limits will be increased at the rate of 10 requests per Light Known User within any 24 hour period and 1000 requests per Light Known User per year, for each Light Known User SL above 5,000. Such increased limits will continue for the duration that you license more than 5,000 Bing Maps Light Known User SLs.
The following terms apply respectively for each of the following offerings purchased through Volume Licensing.
If you have purchased a Bing Maps Platform Service SL and a Bing Maps Light Known User SL you may only use the Services in a Company Application accessed by your employees on your private network, to access and display maps and related information. Your Company Application may be accessed via a web browser or an installed client, provided that you strictly control functionality in the user interface and authentication of users. You may not exceed 25,000 total forward or reverse geocoding transactions, sessions or routing requests within any 24 hour period. You may not exceed 5 million total forward or reverse geocoding transactions, sessions or routing requests per year. Should you license more than 5000 Light Known User SLs these limits will be increased at the rate of 10 requests per Light Known User within any 24 hour period and 1000 requests per Light Known User per year, for each Light Known User SL above 5,000. Such increased limits will continue for the duration that you license more than 5,000 Bing Maps Light Known User SLs.
Subject to Section 4.2(q), Company may only overlay administrative boundaries or other map content provided that the Company Application’s user interface prevents end users from:
This section applies to your use if you have purchased a Bing Maps Mobile Asset Management Platform Add-on SL and any one or more of the following: Bing Maps Mobile Asset Management North America with Routing Per Asset; Bing Maps Mobile Asset Management Europe with Routing Per Asset; Bing Maps Mobile Asset Management North America without Routing Per Asset; or Bing Maps Mobile Asset Management Europe without Routing Per Asset; Mobile Asset Management North America with Routing per Asset; Mobile Asset Management Europe with Routing per Asset or Mobile Asset Management Rest of World with Routing per Asset.
This section applies to your use if you have purchased a Bing Maps Mobile Asset Management Platform Add-on SL and Bing Maps Mobile Asset Management Consumer Tracked Per Asset.
This section applies to your use if you have purchased a Bing Maps Asset Management for Windows Platform Add-on SL and any one or more of the following: Bing Maps Asset Management for Windows North America with Routing Per Asset; Bing Maps Asset Management for Windows Europe with Routing Per Asset.
This section applies to your use if you have purchased a Bing Maps Asset Management Platform for Windows Add-on SL and Bing Maps Mobile Asset Management Consumer Tracked Per Asset.
Subject to your compliance with Sections 1, 2, 5 and 8 of this TOU, you may develop or host a Company Application that uses the Services to display results for Education or Non-profit Organization Use (as defined in Section 2). You may use the Services solely in conjunction with and integrated into Company Applications using only methods and means of access that are documented in the SDKs. Please note that we do not provide warranties for the Services for Education or Non-Profit Organization Use under this Section 5. This TOU also limits our liability. These terms are in Sections 8.8 and 8.9 and we ask you to read them carefully.
Subject to your compliance with Sections 1, 2, 6 and 8 of this TOU, you may develop or host a Company Application that uses the Services for Limited Website Use and Consumer App Use (as defined in Section 2). You may use the Services solely in conjunction with and integrated into Company Applications using only methods and means of access that are documented in the SDKs. Your use of the Content in the Services is subject to the Bing Maps Branding Guidelines. If you will exceed the Limited Website and Consumer App Use transaction limits or limits on use of the Bing Spatial Data Services API, please contact us here to discuss how you can license additional transactions. Please note that we do not provide warranties for the Services for Limited Website Use under this Section 6. This TOU also limits our liability. These terms are in Sections 8.8 and 8.9 and we ask you to read them carefully.
If you use the Services under Sections 5 (Education or Non-Profit Organization Use), 6 (Limited Public Website Use), 9 (Limited Commercial Windows App Development) or 10 (Windows App and Windows Phone App Development) the terms in this Section 8 apply to your use of the Services.
In using the Services and developing Company Applications you must: obey the law (including local, state, federal or other applicable consumer privacy regulations); not violate the rights of any third party; and obey any codes of conduct or other notices we provide. We may use technology or other means to protect the Services that you will not circumvent. These means may include, for example, filtering to increase security. Microsoft may, in its sole discretion, limit the: (i) rate at which the Services, or any subset of it, may be called, (ii) amount of storage made available to each Services account, or (iii) length of individual content segments that may be uploaded to, or served from, the Services (all of the foregoing being forms of "Throttling"). You will set the user region parameter in the Services in compliance with applicable laws, including those regarding mapping, of the country where the Content is made available.
We do have some restrictions on your use of the Services. In developing Company Applications, and in using the Services, you may not, nor may you permit your customers to:
Upload any content to the Services, or use the Services to display or perform in your Company Application, any content:
Additional restrictions may apply to use of particular Content or functionalities, as set forth in the SDKs from time to time. We reserve the right to include a search box or advertising in the Content served through the Services. You will not intentionally omit or obscure such advertising, search box or search results including advertising when displaying such Content to end users.
We require use of Access Credentials to use the Services, and require use of transaction tracking and/or session tracking methods for all uses of the Services, as described in the applicable SDKs. Company will use the Access Credentials to: (a) access the Services, and (b) access an administrative customer service site. Company will not make its Access Credentials available to any third party except a third party authorized to act on its behalf. Company is responsible for all use of the Services through its Access Credentials. Company will promptly notify us if it learns of a security breach related to your Access Credentials and use of the Services.
You must provide a hypertext link to the Bing Maps TOU: (i) at the bottom of each page in your Company Application where the Services can be viewed or accessed, or (ii) within the terms of use of your Company Application. Microsoft may change the Bing Maps TOU from time to time. Company is responsible for notifying its end users of changes as appropriate and will comply with Microsoft’s reasonable instructions in doing so. You may not encourage or require any end user to breach the terms of the Bing Maps TOU.
Microsoft may collect information such as, but not limited to, an end user’s IP address, requests, time of submissions and the results returned to the user, in connection with transaction requests to the Services. All access to and use of the Services is subject to the data practices set forth in the then-current Privacy Statement, a current copy of which is available at http://aka.ms/BingMapsMicrosoftPrivacy. You are responsible for providing end users with adequate notice of the privacy practices applicable to your Company Application.
Microsoft and its suppliers retain all right, title and interest in and to the Services, Content, the SDKs and all intellectual property rights therein, except for the limited rights expressly granted herein. This TOU does not grant Microsoft any right or license to any Company Application or Company intellectual property including intellectual property that Company has licensed from third parties.
Except for material that we may license to you, we do not claim ownership of the content you post or otherwise provide to us, that is hosted by Microsoft or a third party hosting provider on Microsoft’s behalf, related to the Services (called a "Submission"). However, by posting or otherwise providing your Submission (and for the avoidance of doubt, where Microsoft hosts content on your behalf including by a third party hosting provider, this constitutes a Submission, but where you host or a third party hosts content on your behalf, other than Microsoft or a third party hosting provider on behalf of Microsoft, this does not constitute a Submission), you are granting to Microsoft free permission to use, copy, distribute, display, publish, transcode and otherwise modify your Submission, each in connection with the Services, and sublicense these rights to others in order to provide the Services. We may refuse to publish and may remove your Submission from the Services at any time. For every Submission you make, you must have all rights necessary for you to grant the permissions in this section. You may agree to grant Microsoft additional rights under this section by way of the process detailed in the SDKs.
You will indemnify and hold the Microsoft parties harmless from and against any and all loss, liability, and expense (including reasonable attorneys' fees) suffered or incurred by reason of any claims, proceedings or suits based on or arising out of any breach by you of any obligation or warranty under this TOU. You will be solely responsible for defending any claim, subject to Microsoft's right to participate with counsel it selects, and you will not agree to any settlement that imposes any obligation or liability on the Microsoft parties without Microsoft's prior written consent.
Microsoft and its suppliers provide the Services and Content "as-is," "with all faults", "as available" and without warranty of any kind. To the maximum extent permitted by law, any and all representations, warranties or conditions of any kind whatsoever (including, but not limited to, implied or statutory warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy or satisfactory quality), all with regard to the Services and any Content, are expressly excluded by Microsoft and its suppliers. Microsoft and its suppliers make no warranty that the Services will operate properly as integrated with the Company Applications, that the Services will be uninterrupted, or that any Content will be accurate or complete. Microsoft and its suppliers specifically disclaim any liability for end users’ reliance on the Services. Without limiting the foregoing, Microsoft and its suppliers shall have no liability for harm to end users resulting from reliance on any map or direction provided hereunder.
You can recover from Microsoft and its suppliers only direct damages up to an amount equal to fees you have paid Microsoft for the Services for one month. Neither party nor its suppliers will be liable for any indirect damages, (including, without limitation, consequential, special or incidental damages, damages for loss of profits or revenues, business interruption, or loss of business information) arising out of or related to the Services, Content, or TOU even if advised of the possibility of such damages or if the possibility was reasonably foreseeable.
We may change, cancel or suspend your use of the Services at any time. Some changes to the Services may cause existing Company Applications to stop working. Our cancellation or suspension may be without cause and/or without notice. Upon Services cancellation, your right to use the Services stops right away. Once the Services are cancelled or suspended, any data you have stored on the Services may not be retrieved later. Microsoft reserves the right to verify your compliance with this TOU.
We may update the TOU from time to time. If we change this TOU, then we will provide notice as provided in Section 8.11(g). If you do not agree to these changes, then you must stop using the Services. If you do not stop using the Services, then your use of the Services will continue under the changed TOU. In the future we may choose to charge for all use of the Services, or change the requirements for use free of charge. If we choose to change the fee requirements for the Services, Microsoft will provide notice of such terms as provided in Section 8.11(g), and you may elect to stop using the Services rather than incurring fees.
This TOU will become effective on your first use of the Services. This TOU may be terminated immediately for any reason and without notice by Microsoft. If this TOU terminates, all rights granted to you by this TOU will automatically terminate and you will cease to have any rights to use the Services.
Microsoft and Company will not be in default of this TOU if performance is delayed or prevented for reasons beyond its control, so long as it resumes performance as soon as practical.
Sections 8.1, 8.2 and 8.6 through and including 8.11 will survive the termination or expiration of this TOU for any reason.
We may assign the TOU, in whole or in part, at any time with notice to you.
All parts of this TOU apply to the maximum extent permitted by law. If any provision of the TOU is unenforceable, the parties (or, if the parties cannot agree, a court) will revise it so that it can be enforced. Even if no revision is possible, the rest of the TOU will remain in place. This TOU constitutes the entire agreement between you and us regarding your use of the Services.
This TOU is in electronic form. We have promised to send you certain information in connection with the Services and have the right to send you certain additional information, including legal notices and that which may be required by law, which we may send in electronic form. You are responsible for keeping your contact information up to date.
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. If you do not consent to receive notices electronically, you must stop using the Services. Any notice from you will be sent electronically to: maplic@microsoft.com.
Any claim related to this TOU or the Services may not be brought unless brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed within the one-year period, then that claim is permanently barred. This applies to both parties.
If you are headquartered anywhere other than Europe, Washington State law governs the interpretation of this TOU and applies to claims for breach, regardless of conflict of laws principles. 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 TOU. If you are headquartered in Europe, the TOU will be construed and governed by the substantive laws of England and Wales. The parties waive all defenses of lack of personal jurisdiction and forum non conveniens. Process may be served on either party in the manner authorized by applicable law or court rule. In any dispute relating to the TOU the prevailing party will be entitled to recover reasonable attorneys' fees and costs.
This TOU is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns.
The parties are operating as independent contractors, and nothing in this TOU will be construed as creating a partnership, franchise, joint venture, employer-employee or agency relationship.
Any delay or failure of either party to exercise a right or remedy will not result in a waiver of that, or any other, right or remedy. No waiver will be effective unless made in writing and signed by an authorized representative of the waiving party.
Except as otherwise agreed to by the parties in writing, neither party will use any logo or trademark of the other party for marketing or any other purpose without the other party’s prior written approval.
If print rights are available for the Services, such rights will be included here.
Subject to your compliance with Sections 1, 2, 8 and 9 of this TOU, you may develop and host Limited Commercial Windows Apps Company Applications that use the Services. Please note that the Maps Platform APIs for the UWP are not available for Windows Apps running on Windows 8.x and earlier operating systems. You may use the Services solely in conjunction with and integrated into Limited Commercial Windows Apps Company Applications using only methods and means of access that are documented in the SDKs. Notwithstanding Section 8.2(b), you may download Content as specifically enabled in the Maps Platform APIs for the UWP for use only in your Company Application. Please note that we do not provide warranties for the Services for Limited Commercial Windows Apps Company Applications under this Section 9. This TOU limits our liability. These terms are in Sections 8.8 and 8.9 and we ask you to read them carefully.
You are responsible for obtaining users’ express permission (opt-in) to use users’ personally identifying information, including users’ location information, and providing a mechanism through which users can opt-out of the use of their personally identifiable and location information. Your use of the Content in the Services is subject to the Bing Maps App Branding Guidelines.
Subject to your compliance with Sections 1, 2, 8 and 10 of this TOU, you may develop and host Windows Apps and Windows Phone Apps Company Applications that use the Services. Please note that the Maps Platform APIs for the UWP are not available for Windows Apps running on Windows 8.x and earlier operating systems. You may use the Services solely in conjunction with and integrated into Windows Apps and Windows Phone Apps Company Applications using only methods and means of access that are documented in the SDKs. Notwithstanding Section 8.2(b), you may download Content as specifically enabled in the Maps Platform APIs for the UWP for use only in your Company Application. Please note that we do not provide warranties for the Services for Windows Apps and Windows Phone Apps Company Applications under this Section 10. This TOU limits our liability. These terms are in Sections 8.8 and 8.9 and we ask you to read them carefully.
Your Windows Apps and Windows Phone Apps Company Applications, and the Content therein, must be available to consumers and may be offered for a fee; or available internally for free instructional non-commercial use. You may not use the Services for or in connection with Windows Apps Company Applications used by authenticated enterprise users (employees or agents of the enterprise) over a private network under this section (see Section 9 for terms on such use).
You are responsible for obtaining users’ express permission (opt-in) to use users’ personally identifying information, including users’ location information, and providing a mechanism through which users can opt-out of the use of their personally identifiable and location information.
If you have a Bing Maps Agreement or Volume Licensing Agreement, you may use the Services for Windows App and Windows Phone App Development free of charge pursuant to this Section 10 by following the instructions at the Bing Maps Portal.
To use Bing Maps for Media, Entertainment and Broadcast Use, please refer to the Bing Maps Media, Entertainment and Broadcast Use Terms of Use.
If you have purchased Bing Maps API for Enterprise through the Azure Marketplace the following terms apply to your use of the Services. Please note that we do not provide warranties for the Services under this section. This TOU also limits our liability. These terms are in Sections 12.7 and 12.8 and we ask you to read them carefully.
In exchange for the fees paid through the Azure Marketplace and subject to your compliance with Sections 1, 2, and 12 of this TOU, you may use the Services solely in conjunction with and integrated into Company Applications using only methods and means of access that are documented in the SDKs, up to the number of Billable Transactions purchased. You will set the user region parameter in the Services in compliance with applicable laws, including those regarding mapping, of the country where the Content is made available. Your use shall be subject to any additional restrictions or rights included in the agreement under which you obtained access to Microsoft Azure services, including the Microsoft Azure Marketplace Terms (your "Azure Customer Agreement"). In using the Services and developing Company Applications you must: obey the law (including local, state, federal or other applicable consumer privacy regulations); not violate the rights of any third party; and obey any codes of conduct or other notices we provide.
We do have some restrictions on your use of the Services. In developing Company Applications, and in using the Services, you may not, nor may you permit your customers to:
Upload any content to the Services, or use the Services to display or perform in your Company Application, any content:
Additional restrictions may apply to use of particular Content or functionalities, as set forth in the SDKs from time to time.
We require use of Access Credentials to use the Services, and require use of transaction tracking and/or session tracking methods for all uses of the Services, as described in the applicable SDKs. Company will use the Access Credentials to access the Services. Company will not make its Access Credentials available to any third party except a third party authorized to act on its behalf. Company is responsible for all use of the Services through its Access Credentials. Company will promptly notify us if it learns of a security breach related to your Access Credentials and use of the Services.
You must provide a hypertext link to the Bing Maps TOU: (i) at the bottom of each page in your Company Application where the Services can be viewed or accessed, or (ii) within the terms of use of your Company Application. Microsoft may change the Bing Maps TOU from time to time. Company is responsible for notifying its end users of changes as appropriate and will comply with Microsoft’s reasonable instructions in doing so. You may not encourage or require any end user to breach the terms of the Bing Maps TOU.
Microsoft may collect information such as, but not limited to, an end user’s IP address, requests, time of submissions and the results returned to the user, in connection with transaction requests to the Services. All access to and use of the Services is subject to the data practices set forth in the then-current Privacy Statement, a current copy of which is available at http://aka.ms/BingMapsMicrosoftPrivacy. You are responsible for providing end users with adequate notice of the privacy practices applicable to your Company Application.
All rights to the Services and the Content, including rights of use, not specifically granted under this TOU are reserved by Microsoft and its suppliers. Except as set forth herein, this TOU does not grant Microsoft any right or license to any Company Application or Company intellectual property, including intellectual property that Company has licensed from third parties.
Except for material that we may license to you, we do not claim ownership of the content you post or otherwise provide to us that is hosted by Microsoft or a third party hosting provider on Microsoft’s behalf, related to the Services (called a "Submission"). However, except as set forth herein, by posting or otherwise providing your Submission (and for the avoidance of doubt, where Microsoft hosts content on your behalf including by a third party hosting provider, this constitutes a Submission, but where you host or a third party hosts content on your behalf, other than Microsoft or a third party hosting provider on behalf of Microsoft, this does not constitute a Submission), you are granting to Microsoft free permission to use, copy, distribute, display, publish, transcode and otherwise modify your Submission, each in connection with the Services, and sublicense these rights to others in order to provide the Services. For every Submission you make, you must have all rights necessary for you to grant the permissions in this section. Content that you upload to the Bing Spatial Data Services API will only be used by Microsoft to provide the Services to you, unless you agree to grant Microsoft additional rights under this section by way of the process detailed in the SDKs.
Either party may terminate this TOU if the other party is in breach of any material term and fails to cure it within thirty (30) days after written notice that describes the breach. In the event of termination by Microsoft due to Company’s uncured material breach, Company will no longer have access to the Services and pay any amounts that it has not yet paid, for services delivered prior to the date of termination.
The following terms apply respectively for each of the following offerings purchased through the Azure Marketplace:
Microsoft will use commercially reasonable efforts to achieve the service level commitments in the SLA. The sole remedies for failure to meet the level of service described in the SLA shall be the remedies stated in the SLA. Microsoft will not be liable under the SLA if performance is delayed or prevented for reasons beyond its control, so long as it resumes performance as soon as practical.
Microsoft will make commercially reasonable efforts to provide advance notice of material updates to the Services. When Microsoft reasonably believes an update will require significant changes to all Company Applications using the Services (such as major releases – e.g. v1.0 to v2.0), Microsoft will keep the previous version (one version back) of the Services available for at least twelve (12) months after the release of the new version. Company may be unable to access the Services if it does not upgrade Company Applications to the latest version during that time.