Terms and conditions regarding use of Microsoft software and licenses

This document governs the use of Microsoft software, which may include associated media, printed materials, and “online” or electronic documentation (individually and collectively, “Products”) provided by the ITARS LLC – the owner of the BitSwarm cloud (hereinafter referred to as “Provider”). Provider does not own the Products and the use thereof is subject to certain rights and limitations of which Provider must inform you. Your right to use the Products is subject to the terms of your agreement with Provider, and to your understanding of, compliance with, and consent to the following terms and conditions, which Provider does not have authority to vary, alter, or amend.

Definitions

  • “Client Software” means software that allows a Device to access or utilize the services or functionality provided by the Server Software.
  • “Device” means each of a computer, workstation, terminal, handheld PC, pager, telephone, personal digital assistant, “smart phone,” server or other electronic device.
  • “Server Software” means software that provides services or functionality on a computer acting as a server.
  • “Software Documentation” means any end user document included with server software.
  • “Redistribution Software” means the software described in Paragraph 4 (“Use of Redistribution Software”) below.

Ownership of the products

The Products are licensed to Provider from an affiliate of the Microsoft Corporation (collectively “Microsoft”). All title and intellectual property rights in and to the Products (and the constituent elements thereof, including but not limited to any images, photographs, animations, video, audio, music, text and “applets” incorporated into the Products) are owned by Microsoft or its suppliers. The Products are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Your possession, access, or use of the Products does not transfer any ownership of the Products or any intellectual property rights to you.

Use of client software

You may use the Client Software installed on your Devices by Provider only in accordance with the instructions, and only in connection with the services, provided to you by Provider. The terms of this document permanently and irrevocably supersede the terms of any Microsoft End User License Agreement that may be presented in electronic form during your use of the Client Software.

Use of redistribution software

In connection with the services provided to you by Provider, you may have access to certain “sample,” “redistributable” and/or software development (“SDK”) software code and tools (individually and collectively “Redistribution Software”). YOU MAY NOT USE, MODIFY, COPY, AND/OR DISTRIBUTE ANY REDISTRIBUTION SOFTWARE UNLESS YOU EXPRESSLY AGREE TO AND COMPLY WITH CERTAIN ADDITIONAL TERMS CONTAINED IN THE SERVICES PROVIDER USE RIGHTS (“SPUR”) APPLICABLE TO PROVIDER, WHICH TERMS MUST BE PROVIDED TO YOU BY PROVIDER. Microsoft does not permit you to use any Redistribution Software unless you expressly agree to and comply with such additional terms, as provided to you by Provider.

Copies

You may not make any copies of the Products; provided, however, that you may (a) make one copy of Client Software on your Device as expressly authorized by Provider; and (b) you may make copies of certain Redistribution Software in accordance with Paragraph 4 (Use of Redistribution Software). You must erase or destroy all such Client Software and/or Redistribution Software upon termination or cancellation of your agreement with Provider, upon notice from Provider or upon transfer of your Device to another person or entity, whichever occurs first. You may not copy any printed materials accompanying the Products.

Limitations on reverse engineering, decompilation and disassembly

You may not reverse engineer, decompile, or disassemble the Products, except and only to the extent that applicable law, notwithstanding this limitation, expressly permits such activity.

No rental

You may not rent, lease, lend, pledge, or directly or indirectly transfer or distribute the Products to any third party, and may not permit any third party to have access to and/or use the functionality of the Products except for the sole purpose of accessing the functionality of the Products in the form of software services in accordance with the terms of this agreement and any agreement between you and Provider.

Termination

Without prejudice to any other rights, Provider may terminate your rights to use the Products if you fail to comply with these terms and conditions. In the event of termination or cancellation of your agreement with Provider or Provider’s agreement with Microsoft under which the Products are licensed, you must stop using and/or accessing the Products, and destroy all copies of the Products and all of their component parts.

No warranties, liabilities or remedies by Microsoft

ANY WARRANTIES, LIABILITY FOR DAMAGES AND REMEDIES, IF ANY, ARE PROVIDED SOLELY BY PROVIDER AND NOT BY MICROSOFT, ITS AFFILIATES OR SUBSIDIARIES.

Product support

Any support for the Products is provided to you by Provider and is not provided by Microsoft, its affiliates or subsidiaries.

Not fault tolerant

THE PRODUCTS MAY CONTAIN TECHNOLOGY THAT IS NOT FAULT TOLERANT AND ARE NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE IN ENVIRONMENTS OR APPLICATIONS IN WHICH THE FAILURE OF THE PRODUCTS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY OR ENVIRONMENTAL DAMAGE.

Export restrictions

The Products are subject to U.S. export jurisdiction. Provider must comply with all applicable laws including the U.S. Export Administration Regulations, the International Traffic in Arms Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. For additional information, see Microsoft exporting.

Liability for breach

In addition to any liability you may have to Provider, you agree that you will also be legally responsible directly to Microsoft for any breach of these terms and conditions.


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