Microsoft Power Query Terms of Service

LAST UPDATED April 20, 2018

1. WHAT THE AGREEMENT COVERS

This is an agreement between you (“you” or “your”) and Microsoft Corporation, (or based on where you live, one of our affiliates) (“Microsoft”, “we”, “us” or “our”). The terms of this agreement (“agreement”) apply to your access and use of the Microsoft Power Query Service (the “Services”). The Services allow users to search for certain data sets using Microsoft Power Query for Microsoft Excel (the “Plug-In”). If you are using the Services in connection with a subscription to Power BI for Microsoft 365 (“Power BI”), the Services will also allow you to share certain information with others in your organization. (For more information about Power BI, see www.powerbi.com.) By accessing or using the Services, you accept the terms of this agreement. If you do not accept them, do not access or use the Services. If you are accessing the Services within Germany, the German Agreement applies to you.

2. DATA

You bear sole responsibility for any and all data used in connection with your access to or use of the Services (“Data”), and any software programs or services you use in connection with your access to or use of the Services, including without limitation taking the steps necessary to back up such Data, software programs or services.

3. THE SERVICES

3.1. How you may use the Services.

You may access and use the Services only in accordance with the terms of this agreement and the policies and procedures we designate for use of the Services. Provided that you comply with the terms of this agreement, you may use the Services to (a) search for and discover certain publicly available Data and data sources, and (b) if you have a subscription to Power BI, share your queries and Data with others in your organization and access the queries and data shared by others in your organization.

3.2. How you may not use the Services.

In using the Services, you may not:

• (a) filter, retrieve, annotate, generate, or publish any Data or other content through the Services that (i) you are not the owner of unless you have obtained permission from the rightful owner for such use, or (ii) is in violation of any third party’s rights of privacy or publicity, or other intellectual property rights, terms of use (including without limitation application programming interface (API) usage policies), or other terms relating to that Data or other content;

• (b) rent, lease, lend, sell or transfer the Services to any third party or use the Services for commercial hosting services;

• (c) use any unauthorized means to modify or reroute, or attempt to modify or reroute, the Services;

• (d) damage, disable, or impair the Services (or the network(s) connected to the Services) or otherwise interfere with anyone’s ability to access and use the Services;

• (e) access or use the Services in any way that is illegal or promotes illegal activities, including without limitation, in any manner that might be discriminatory based on any protected ground, including race, ancestry, place of origin, marital status, sex, religion, nationality, disability, sexual orientation, or age;

• (f) violate local, state, national, federal, provincial or other applicable consumer privacy regulations;

• (g) access or use the Services in a way that violates the Microsoft Anti-Spam Policy at https://privacy.microsoft.com/en-US/; or

• (h) access or use the Services in a manner that is defamatory, offensive, malicious or harmful to any person or entity.

4. PROPRIETARY RIGHTS

4.1. Reservation of Rights; No Other License

Except for your limited use and access rights to the Services as set forth in this agreement, Microsoft reserves all other rights not expressly granted in this agreement. No additional rights (including implied licenses, rights or covenants) are granted by implication, estoppel or otherwise. By facilitating your discovery of and access to Data, Microsoft is not granting you any rights to access or use such Data.

4.2. License to Microsoft.

By using the Services, you hereby license Microsoft (with the right to sub-license multiple sub-licensees and through several tiers of sub-licensees), under your intellectual property rights, any rights needed by Microsoft to use or process the Data through the Services or any other information you provide to us in connection with your use of the Services, solely for the purpose of enabling Microsoft to provide the Services or support services (if any) to you. You also grant Microsoft the right to track and record usage patterns, trends, and other statistical data related to your use of the Services for Microsoft’s internal use.

4.3. No Claims of Ownership by Microsoft.

Microsoft claims no ownership of or control over the Data or other information you provide to us in connection with your use of the Services. It is solely your responsibility to protect any rights you may have in the Data and such information.

4.4. No Claims of Ownership by You.

Except as expressly permitted under this agreement, you will not claim any ownership of or control over the Services.

4.5. Your Use of the Services.

You will ensure that you have the necessary rights to any Data, software programs or services that you use in connection with the Services, and that your use of any such Data, software programs or services will not infringe the intellectual property or other proprietary rights of any third party. You will obtain all necessary rights, and comply with all licenses or other terms, from the rightful owner of such Data, software programs or services that you do not own. You will access and use the Services (a) without violating the rights of any third party or purporting to subject Microsoft to any other obligations to you or any third party, and (b) solely in a manner that complies with all applicable laws and regulations.

5. SERVICE LEVELS; SECURITY

5.1. Service Levels.

We have no obligation to provide any support services for the Services. The Services may be inaccessible due to scheduled and unscheduled reasons, including maintenance updates, power outages, system failures, extended downtime and other interruptions. During such periods, you may be unable to access or use all of, or a portion of, the Services. Some or all of the Data may be lost. In the event of an outage or interruption that Microsoft determines may cause risk to the Services, Microsoft may determine in its sole discretion to suspend the Services.

5.2. Security.

We use a variety of security technologies and procedures to protect against unauthorized access to or use of the Services; however, we cannot guarantee that we will be successful at doing so. Accordingly, without limitation to any other provisions of this agreement, you acknowledge that you bear sole responsibility for adequate security, protection and backup of the Data, and any other data, software programs or services that you use in connection with the Services. We strongly encourage you, where available and appropriate, to take measures to protect the Data, including without limitation using encryption technology to protect the Data from unauthorized access and routinely archiving the Data.

5.3. Security Breach – Notice to Microsoft.

You will promptly notify us if you learn of a security breach related to the Services.

6. PRIVACY

The software may collect information about you and your use of the software and send that to Microsoft. Microsoft may use this information to provide services and improve Microsoft’s products and services. Your opt-out rights, if any, are described in the product documentation. Some features in the software may enable collection of data from users of your applications that access or use the software. If you use these features to enable data collection in your applications, you must comply with applicable law, including getting any required user consent, and maintain a prominent privacy policy that accurately informs users about how you use, collect, and share their data. You can learn more about Microsoft’s data collection and use in the product documentation and the Microsoft Privacy Statement at https://go.microsoft.com/fwlink/?LinkId=512132. You agree to comply with all applicable provisions of the Microsoft Privacy Statement.

PROCESSING OF PERSONAL DATA. To the extent Microsoft is a processor or subprocessor of personal data in connection with the software, Microsoft makes the commitments in the European Union General Data Protection Regulation Terms of the Online Services Terms to all customers effective May 25, 2018, at http://go.microsoft.com/?linkid=9840733.

7. YOUR PRIVACY PRACTICES

If you collect, store, or otherwise process personal information while using the Services, you must: (a) comply with all applicable privacy and data protection laws; and (b) obtain sufficient authorization from the persons providing the information to permit the processing of the information by Microsoft, its affiliates, subsidiaries, and service providers (collectively “Microsoft Parties”) as contemplated by this agreement, including (i) transfer of the information to the Microsoft Parties for their processing; and (ii) processing of the information outside the jurisdiction in which the information is provided to you, such as storage and other processing in the United States..

8. SOFTWARE

To use the Services, you must download and install the Plug-In. We may automatically check your version of the Plug-In. We may automatically download upgrades to the Plug-In to your computer to update, enhance and further develop the Services.

9. NOTICES

9.1 Notices We Send You.

You agree that Microsoft may provide you with notices in a manner determined by Microsoft in its sole discretion, including without limitation by posting any such notices on a portal or community development center web site for the Services. As long as you can access and use the Services, you have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the Services.

9.2. Your Notices to Us.

You may notify us through feedback or help features within the Plug-In.

10. FEEDBACK

You hereby license to Microsoft (with the right to sub-license multiple sub-licensees and through several tiers of sub-licensees) without charge, any rights needed (a) to use, share and commercialize in any way and for any purpose any feedback about the Services you give us and (b) for the products, technologies and services of third parties to use or interface with any specific parts of a Microsoft product or service that includes the feedback. You will not give feedback that is subject to a license that requires Microsoft to license its software or documentation or provide its services to third parties because we include your feedback in them. The rights in this section are irrevocable and non-terminable and survive any termination or expiration of this agreement.

11. INDEMNIFICATION

You will indemnify, pay the defense costs of, and hold Microsoft and its successors, officers, directors and employees harmless from and against any and all claims, demands, costs, liabilities, judgments, losses, expenses and damages (including attorneys’/legal fees) arising out of, in connection with, or related to (a) your use of the Services in breach of this agreement or in violation of any applicable law or regulation, or (b) any data, software programs or services that you use in connection with the Services, including without limitation any claim that such data, software program or services, or any part thereof, infringes, misappropriates, or otherwise violates any copyright, patent, trade secret, trademark, or other legal right of any third party.

12. WE MAKE NO WARRANTY

WE PROVIDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND SUPPORT SERVICES (IF ANY) “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AVAILABILITY OF DATA FROM THE SERVICE, AND EFFORT IS WITH YOU. MICROSOFT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MAKES NO REPRESENTATIONS. WARRANTIES GUARANTEES OR CONDITIONS WITH RESPECT TO THE SERVICES OR SUPPORT SERVICES (IF ANY). TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, MICROSOFT DISCLAIMS AND EXCLUDES ANY AND ALL REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED; INCLUDING WITHOUT LIMITATION (A) REPRESENTATIONS, WARRANTIES GUARANTEES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT, (B) REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS THAT ACCESS TO OR USE OF THE SERVICES WILL FUNCTION AS DESCRIBED, WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE OR THAT YOUR USE OF THE SERVICES WILL BE RELIABLE AND ACCURATE, INCLUDING WITHOUT LIMITATION STORING, READING, UPDATING OR DELETING THE DATA. NO ORAL OR WRITTEN STATEMENT MADE TO YOU IN THE CONTEXT OF PROVIDING THE SERVICES OR SUPPORT SERVICES (IF ANY) WILL CREATE ANY WARRANTY THAT HAS BEEN EXPRESSLY DISCLAIMED IN THIS AGREEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW NOWITHSTANDING THE TERMS OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE.

If you are an Australian consumer, we are required to inform you of the following: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

13. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MICROSOFT HAVE ANY LIABILITY ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICES OR SUPPORT SERVICES (IF ANY), FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES (B) DAMAGES FOR LOST PROFITS, (C) LOSS OF INFORMATION, (D) LOSS OF USE, (E) DAMAGE TO OR LOSS OF GOODWILL, (F) USE OR INABILITY TO USE THE SERVICES OR SUPPORT SERVICES (IF ANY); (G) COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, SOFTWARE PROGRAMS OR SERVICES; (H) UNAUTHORIZED ACCESS TO OR USE OF, OR ANY ALTERATION, CORRUPTION, DELETION, DAMAGE OR LOSS OF, THE DATA, OR ANY OTHER DATA, SOFTWARE PROGRAMS OR SERVICES USED IN CONNECTION WITH THE SERVICES; (I) FAILURE TO PROVIDE ACCURATE INFORMATION; (J) VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS OR USE OF THE SERVICES OR THAT ARE TRANSFERRED TO YOU THROUGH THE SERVICES; (K) INCOMPATIBILITIES BETWEEN THE SERVICES AND OTHER SERVICES, SOFTWARE OR HARDWARE; AND (L) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. MICROSOFT’S LIABILITY FOR DIRECT DAMAGES IS LIMITED TO U.S. $5.00. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE LIABILITY IS BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTIES, OR OTHER LEGAL THEORY, AND EVEN IF (Y) THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES, OR FAILS OF ITS ESSENTIAL PURPOSE AND (Z) MICROSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

MICROSOFT WILL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS IN THE SERVICES, INCLUDING WITHOUT LIMITATION, POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS.

SOME OR ALL OF THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IF YOUR STATE, PROVINCE, OR COUNTRY DOESN'T ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES.

14. LINKS TO THIRD PARTY SITES

The Services may include links to third party sites. The linked sites are not under the control of Microsoft and Microsoft is not responsible for the content of any linked site, or any links contained in a linked site, or any changes or updates to such sites. Microsoft is not responsible for webcasting or any other form of transmission received from any linked site. Microsoft is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Microsoft of the site.

15. THIRD PARTY CONTENT

The Services may include, provide, or facilitate your access to third-party content, including data, solely as a convenience. Such third-party content is not under the control of Microsoft and Microsoft is not responsible for the quality, accuracy or performance of any such content. The fact that such content may be included in, provided by, or accessed through the Services does not imply endorsement by Microsoft or the third party of either party’s sites or services. Depending on your jurisdiction, some third party content may not be available to you.

16. MODIFYING THE TERMS; ADDITIONAL TERMS

16.1. Modifying the Terms

Microsoft may at its sole discretion modify this agreement at any time. If we modify this agreement, we will update the date listed at the top of this agreement. You can access the most current version of the agreement via the link located in the About box of the Plug-In. If you do not agree to these changes, then you must immediately stop using the Services. If you do not stop using the Services, then your use of the Services will continue under the changed agreement.

16.2. Additional Terms.

This agreement also incorporates by reference any additional terms applicable to particular aspects of the Services, including without limitation the anti-spam policy. If you are using the Services in connection with a Power BI subscription (a) your use of the Services is also subject to the terms governing your use of Power BI (“your Power BI terms”) and (b) in the event of a conflict between your Power BI terms and the terms of this agreement, your Power BI terms will control for as long as you have an active Power BI subscription.

17. TERM; TERMINATION

This agreement is effective on the date you first agree to it.

You may terminate this agreement at any time by stopping use of the Services. Notwithstanding the term of this agreement as stated above, Microsoft may at its sole discretion suspend your use of the Services, or terminate this agreement, for any reason or no reason at any time. Upon suspension or any termination, your right to use the Services stops right away. You are responsible for taking the steps necessary to back up the Data. Upon any termination of this agreement, all other rights granted to you by this agreement will also automatically terminate.

18. NO THIRD PARTY BENEFICIARIES

This agreement is solely for your and our benefit. It is not for the benefit of any other party, except for permitted successors and assigns under this agreement.

19. NO WAIVER

Any delay or failure by Microsoft to exercise a right or remedy will not result in a waiver of that, or any other, right or remedy.

20. CONTRACTING PARTY, CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES

If you live in the United States, the laws of the State of Washington, USA, govern the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of your state of residence in the United States. If you live outside the United States these terms will be governed by the laws of the country to which we direct your service. 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 agreement.

21. INTERPRETING THE AGREEMENT

All provisions apply to the extent permitted by applicable law. A court may hold that we cannot enforce a part of this agreement as written. If this happens, then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this agreement will not change. This agreement, including any other policies or terms incorporated by reference, is the entire agreement between you and us regarding your use of the Services. It supersedes any prior agreements or statements (whether oral or written) regarding your use of the Services.

22. ASSIGNMENT

We may assign this agreement, in whole or in part, at any time with or without notice to you. You may not assign this agreement, or any part of it, to any other third party. Any attempt by you to do so is void. You may not transfer to a third party, either temporarily or permanently, any rights to use the Services or any part of them.

23. COPYRIGHT AND TRADEMARK NOTICES

All contents of the Services are Copyright © 2014 Microsoft, its suppliers, or other third parties whose content (including data) is provided or otherwise made available through the Services. All rights reserved. Copyright and other intellectual property laws and treaties protect any software or content provided as part of the Services. We or our suppliers own the title, copyright, and other intellectual property rights in the software or content. Microsoft, Windows, and/or other Microsoft products and services referenced herein may also be either trademarks or registered trademarks of Microsoft in the United States and/or other countries. W® is a registered trademark of the Wikimedia Foundation. Any rights not expressly granted herein are reserved. Certain software used in certain Microsoft web sites servers is based in part on the work of the Independent JPEG Group. Copyright © 1991 -1996 Thomas G. Lane. All rights reserved. “gnuplot” software used in certain Microsoft web sites servers is copyright © 1986-1993 Thomas Williams, Colin Kelley. All rights reserved.

24. APPLICABLE TO THE UNITED STATES ONLY: NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Under Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to service provider’s designated agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

See Notice and Procedure for Making Claims of Copyright Infringement at www.microsoft.com/info/cpyrtInfrg.html.