Academic
Specific Terms
SPECIFIC TERMS FOR MICROSOFT ACADEMIC SEARCH
Before you start using Microsoft Academic Search, please read these specific terms and the "Terms of Use" of our site carefully. All of these terms govern your use of Microsoft Academic Search and provide the potential liabilities you may subject to. Please do not use Microsoft Academic Search if you do not agree to any of the terms.
IN ADDITION TO THE TERMS OF USE, WE SPECIFICALLY HIGHLIGHT TO YOU:

1.Microsoft Academic Search services are provided by Microsoft to the public free of charge. Microsoft reserves the right to change, suspend or terminate the website and related services. Microsoft disclaims any and all liabilities that may arise due to the provision of the services.

2.Microsoft Academic Search services including without limitation paper search, author search, conference search, journal search and visual explorer are based on the search technology Microsoft is researching on. The search results (including displaying, ranking of them) are the results of applying such technology on publicly available information. Microsoft does not warrant the accuracy of the search results. You should exercise your discretion and judgment when using Microsoft Academic Search.

3.For purposes of maintaining and improving Microsoft Academic Search services, Microsoft may record your activities at Microsoft Academic Search site and make use of certain information. All use of personal information is subject the policies contained in the "Privacy & Cookies".

4.Visual explorer outputs the computing results of our search engine based on the names appearing on the Internet. Please note that the names do not necessarily correspond to specific persons. The search results do not represent Microsoft's position.

5.Microsoft reserves the right to update these "Specific terms for Microsoft Academic Search" from time to time. For any updates, you may read them on our website. But we will not send out notification to you.

MICROSOFT ACADEMIC SEARCH API TERMS OF USE
THIS IS AN AGREEMENT BETWEEN YOU AND MICROSOFT

These Terms of Use (“TOU”) are an agreement between you and Microsoft Corporation (“Microsoft” or “we”). This TOU governs your use of the Microsoft Academic Search API (“API”) only. The API, which is operated by Microsoft (or its affiliates), enables you to obtain certain data from Microsoft Academic Search to use in your own application. This TOU does not govern your use of other Microsoft products, services or web sites.

You represent that you are at least 18 years old. Your use of the API constitutes your acceptance of this TOU, the Privacy Statement and registration guidelines, without modification. Microsoft reserves the right to update the TOU at any time in its discretion without notice to you. The most current version of the TOU can be reviewed on the Microsoft Academic Search website. You are responsible for regularly reviewing this TOU for any changes. Your use of the API after the effective date of such changes shall constitute your continuing acceptance of this TOU, as amended from time to time.

Please note that we do not provide warranties for API. The TOU also limits our liability. These terms are in the “Disclaimer of Liability and Warranty” section below, and we ask you to read it carefully.

PERSONAL USE LIMITATION

You may use this API for any non-revenue/no-fee academic purpose, subject to the restrictions in this TOU. Some purposes which can be non-revenue/no-fee academic purpose are teaching, academic research, public demonstrations and personal experimentation. You may use the API to build your own application or service leveraging the data and functions of Microsoft Academic Search.

You may not use this API or any derivative works in any form for commercial purposes. Examples of commercial purposes would be running business operations, licensing, leasing, or selling content obtained from the API, distributing the API for use with commercial products, using the API in the creation or use of commercial products or any other activity which purpose is to procure a commercial gain to you or others.

YOUR ACCOUNT

You must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You will receive a login key from Microsoft (the “API Credentials”). You are entirely responsible for maintaining the confidentiality of your API Credentials. Furthermore, you are entirely responsible for any and all activities that occur under your API Credentials. You agree to notify Microsoft immediately of any unauthorized use of your API Credentials or any other breach of security. Microsoft will not be liable for any loss that you may incur as a result of someone else using your API Credentials, either with or without your knowledge. However, you could be held liable for losses incurred by Microsoft or another party due to someone else using your API Credentials.

YOUR RESPONSIBILITIES

You, and any third party working on behalf of you, will not:

(a) Generate revenue from use of the API or use it for any commercial or non-academic purposes;

(b) Bypass Microsoft’s tools or services to interfere or attempt to interfere with the proper working of Microsoft Academic Search or the API;

(c) Take any action that imposes a disproportionately large burden on use of the API or Microsoft’s infrastructure, including using the API on more than a reasonable frequency, as determined by Microsoft in its sole discretion; or

(d) Engage in any unlawful practices in connection with your use of the API.

ACCESS

Microsoft will provide you with access to the API so long as you comply with this Agreement. Microsoft may stop offering the API at any time in its sole discretion.

REMOVAL OF CONTENT

Microsoft can direct you to remove data at any time in its sole discretion. Data must be removed within five (5) days.

TERMINATION

(a) Termination by Microsoft. Microsoft may terminate or suspend this Agreement or your access to the API at any time in its sole discretion.

(b) Termination by you. You may stop using the API if you are dissatisfied with any aspect of the API.

(c) Survival. The sections entitled Your responsibilities, Termination, Disclaimer of warranties, Indemnity, Limitations of liability, Reservation of rights and Miscellaneous will survive expiration or termination of this Agreement.

DISCLAIMER OF WARRANTIES

You use the API and any related products at your own risk. The API and any related products are provided “as is” and with all defects. Except as provided herein, Microsoft expressly disclaims all other express, implied, or statutory warranties. This includes the warranties of merchantability, fitness for a particular purpose, title, non-infringement, lack of viruses, quiet enjoyment, scope of license, lack of errors, and satisfactory condition or quality.

INDEMNITY

You will indemnify and hold Microsoft and its affiliates, agents and employees, harmless from all loss, liability, and expense (including reasonable attorneys' fees) from any claims, proceedings or suits due to either your breach of this Agreement or your use of the API. You will be solely responsible for defending all such claims but Microsoft may participate with counsel it selects. If Microsoft participates with its own counsel, you will reimburse Microsoft for all reasonable costs and fees incurred. You will not agree to any settlement imposing any obligation or liability on Microsoft without Microsoft’s prior written consent.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR THAT RELATE IN ANY WAY TO THIS AGREEMENT OR ITS PERFORMANCE. THIS EXCLUSION WILL APPLY REGARDLESS OF THE LEGAL THEORY UPON WHICH ANY CLAIM FOR SUCH DAMAGES IS BASED, WHETHER THE PARTIES HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER SUCH DAMAGES WERE REASONABLY FORESEEABLE, OR WHETHER APPLICATION OF THE EXCLUSION CAUSES ANY REMEDY TO FAIL OF ITS ESSENTIAL PURPOSE. THIS EXCLUSION WILL NOT APPLY TO EITHER PARTY’S LIABILITY FOR BREACH OF ITS CONFIDENTIALITY OBLIGATIONS OR VIOLATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS. MICROSOFT WILL NOT BE LIABLE TO YOU FOR DAMAGES IN EXCESS OF $500.

RESERVATION OF RIGHTS

Microsoft reserves all rights in the API and associated services and technologies, subject to the licenses granted in this Agreement.

MISCELLANEOUS

(a) Notices. Notices may be served either by posting on any portion of the Microsoft Academic Search website or physical mail. The person who signed up for the API Credentials will receive notices on behalf of their respective company. Each party may change the persons to whom notices will be sent by giving notice to the other. You may inform the change contact information via e-mail to acadapi@microsoft.com.

(b) Jurisdiction and governing Law. The laws of the State of Washington govern this Agreement. If federal jurisdiction exists, the parties consent to exclusive jurisdiction and venue in the federal courts in King County, Washington. If not, the parties consent to exclusive jurisdiction and venue in the Superior Court of King County, Washington.

(c) Attorneys’ fees. If either Microsoft or you employ attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party will be entitled to recover its reasonable attorneys' fees, costs, and other expenses, including the costs and fees incurred on appeal or in a bankruptcy or similar action.

(d) Assignment. You will not assign, sublicense, or otherwise dispose of this Agreement or your right to access the API without Microsoft’s prior written approval.

(e) Waiver. A party’s delay or failure to exercise any right or remedy will not result in a waiver of that or any other right or remedy.

(f) 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.

(g) Integration and modification.

(1) Entire agreement. This Agreement (including any exhibits) is the entire Agreement between the parties regarding its subject matter. It replaces all prior agreements, communications and representations regarding its subject matter.

(2) Amendment. Microsoft may change this Agreement at any time by providing notice to you as provided in the section entitled Notices. Your continued use of the API after receiving notice of any change will constitute your acceptance of the change.

COPYRIGHT NOTICE; TRADEMARKS

© 2013 Microsoft Corporation. All rights reserved. Microsoft, 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.