Power BI Solution Template Terms of Use

These terms of use are a contract between you and Microsoft Corporation (“Microsoft”). These terms apply to your access and use of the Power BI Solution Template Tool, including any Microsoft software, services, catalogues, data, sites, information, materials, content and updates made available to you as part of the Power BI Solution Template Tool (the “Tool”), except to the extent those come with their own respective terms. By using the Tool, you agree to these terms of use. If you do not agree, you may not use the Tool.
1. Overview
The Tool enables you to import data from services such as Microsoft Dynamics 365 and Salesforce.com into Microsoft Power BI. The Tool creates a copy of such data and does not remove the data from the source service. The Tool may require you to use third party services or software to facilitate the data transfer into Power BI (each such service or software, a “Third Party Service”). Your use of a Third Party Service is subject to any legal terms provided by the third party providing such service. Microsoft is not a party to any legal terms provided by such party and does not assess or guarantee their accuracy or completeness. No right or license to any intellectual property of Microsoft or any of its affiliates is granted with respect to any Third Party Service. You are responsible for identifying, understanding and complying with the relevant legal terms for any Third Party Service you use.
2. Previews
Microsoft may offer a preview, beta or other pre-release version of the Tool ("Previews"). Previews may employ lesser or different privacy and security measures than those typically present in a Microsoft online service. Unless otherwise provided, Previews are not included in customer support or service level agreements. Microsoft may change or discontinue Previews at any time without notice. Microsoft also may choose not to release a Preview as a "General Availability" commercial release.
3. Access and Use Rights

a. Right to use; limitations. Microsoft grants you the right to access and use the Tool as further described in these terms of use. Microsoft reserves all other rights not expressly granted in these terms of use. No additional rights (including implied licenses, rights or covenants) are granted by implication, estoppel or otherwise. You may not

(i) work around any technical limitations in the Tool,

(ii) reverse engineer, decompile or disassemble the Tool, except and only to the extent that applicable law expressly permits, despite this limitation,

(iii) make more copies of the Tool than specified in these terms of use or allowed by applicable law, despite this limitation,

or (iv) share, publish or lend the Tool, or provide the Tool as a stand-alone hosted solution for others to use, or transfer the Tool or this agreement to any third party.

b. Acceptable use. Neither you nor those that access the Tool through you may use the Tool:

i. in a way prohibited by law, regulation, governmental order, or decree;

ii. to violate the rights of others;

iii. to try to gain unauthorized access to or disrupt any service, data, account, or network by any means;

iv. to falsify any protocol or origin of a communication (e.g., “spoofing”);

v. to spam or distribute malware;

vi. in a way that could overburden or harm the Tool or impair anyone else’s use of it; or

vii. for any high risk use (where failure or fault of the Tool could lead to death or serious bodily injury of any person, or to severe physical or environmental damage).

c. Customer Data. You are solely responsible for the content of all data you transfer using the Tool (“Customer Data”). You will secure and maintain all rights in Customer Data necessary to use the Tool without violating the rights of any third party or otherwise obligating Microsoft to you or to any third party. Microsoft does not and will not assume any obligations with respect to Customer Data or your use of the Tool other than as expressly set forth in these terms of use or as required by applicable law.

4. Software License
The Tool is licensed, not sold. These terms of use only give you some rights to use the Tool. Microsoft grants you the right to install and use any number of copies of the Tool for use with Power BI. This includes using copies of the software on your own internal servers that remain fully dedicated to your own use. The components of the Tool are licensed as a single unit, and you may not separate or virtualize the components and install them on different devices. Any third party scripts or code, linked to or referenced from the Tool, are licensed to you by the third parties that own such code, not by Microsoft.
5. Privacy practices
The Tool may collect information about you and your use of the Tool, and send that to Microsoft. Microsoft may use this information to provide the Tool and improve Microsoft products and services. You can learn more about data collection and use in the privacy statement at http://go.microsoft.com/fwlink/?LinkId=512132. Your use of the Tool operates as your consent to these practices.
6. Notice and procedure for making claims of copyright infringement
Notifications of claimed copyright or trademark infringement must be sent to Microsoft’s designated agent according to the process provided at http://www.microsoft.com/info/cpyrtInfrg.htm.
7. Links to other sites and services
The links made available as part of the Tool may allow you to access third party sites, products and Third Party Services. Your use of those third party sites, products and Third Party Services may be subject to that third party’s terms and conditions. Such linked sites, products and Third Party Services are not under the control of Microsoft, and Microsoft is not responsible for their contents. The inclusion of any link does not imply that Microsoft endorses the third party site, product or service. You may also be able to access other Microsoft sites, products or services via the Tool. Those other Microsoft sites, products or services may be governed by their own respective terms.
8. Internet-based services.
a. Consent for Internet-based or wireless services. The Tool connects to computer systems over the Internet, which may include via a wireless network. Using the Tool operates as your consent to the transmission of standard device information (including but not limited to technical information about your device, system and Tool software, and peripherals) for internet-based or wireless services. b. Misuse of Internet-based services. You may not use any Internet-based service in any way that could harm it or impair anyone else’s use of it or the wireless network. You may not use the service to try to gain unauthorized access to any service, data, account or network by any means.
9. NO WARRANTY
MICROSOFT, AND ITS AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE TOOL. YOU UNDERSTAND THAT USE OF THE TOOL IS AT YOUR OWN RISK AND THAT MICROSOFT PROVIDES THE TOOL ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” MICROSOFT DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE TOOL. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, MICROSOFT EXCLUDES 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 TERMS OF USE IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. MICROSOFT DOES NOT GUARANTEE THE TOOL WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CUSTOMER DATA LOSS WON'T OCCUR.
10. LIMITATION OF LIABILITY
If Microsoft breaches these terms of use, you agree that your exclusive remedy is to recover, from Microsoft or any affiliates, resellers, distributors, and vendors, direct damages up to USD$10.00. YOU CAN'T RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES. 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 Microsoft knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything related to these terms of use such as any deletion, damage or loss of anything used in connection with the Tool; any virus affecting your use of the Tool; delays or failures in starting or completing transmissions or transactions; claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, misrepresentation, omission, trespass, or other tort; violation of statute or regulation; or unjust enrichment. 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.
11. Technology and export regulations
The Tool may be subject to United States or international technology control or export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the technology used or supported by the Tool. These laws include restrictions on destinations, end users and end use. For information on Microsoft branded products, see www.microsoft.com/exporting.
12. Support services
Because this Tool is made available “as is,” Microsoft may not provide support services for it.
13. Choice of law and location for resolving disputes
The law of Washington State, U.S.A., governs the interpretation of these terms of use and applies to claims relating to them, regardless of conflict of laws principles. You and Microsoft 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 the Tool or these terms of use.
14. Interpreting these terms of use
If a court holds that Microsoft cannot enforce a part of these terms of use as written, then you and Microsoft agree that the court will replace that part with terms that most closely reflect its intention, and the rest of these terms of use will not change. These terms of use form the entire agreement regarding your use of the Tool and supersede any prior agreements or statements (whether oral or written) regarding such use.
15. Updates to terms of use
Microsoft may change these terms of use at any time, with or without prior notice to you. Changes will apply to your use of the Tool starting from when the changes are made. If you do not agree with any changes, you may not continue to use the Tool and you must uninstall any software you installed in connection with your use of the Tool.