Please read the Trial Online Service Terms for Windows Defender Advanced Threat Protection; when you accept these, we can finish up your registration.

Microsoft Trial Online Service Terms

for Windows Defender Advanced Threat Protection

Last Updated: April 2016

1.            What the Agreement Covers

This agreement is between the entity that accepts this agreement (“you”, “your”) and Microsoft Corporation, (“we,” “us”).  If you are accepting this agreement on behalf of your employer or another legal entity, you represent and warrant that you have the authority to bind that entity and that you are agreeing to these terms on behalf of that entity. If you cannot truthfully make these representations, do not use this service. The terms and conditions of this agreement apply to your access and use of the trial version of the Microsoft online service identified above, including any Microsoft or other third party technology, information, materials, and updates that Microsoft makes available to you as part of such trial service (the “Services”). 

2.            Data

The Services may allow you to process, access, and query Data from your devices without having to replicate or move Data. “Data” means all data described in this Section 2, including Threat Signals and files for deep analysis that you provide, or are provided on your behalf, to us through your use of the Services.

2.1          Enrollment data. 

 We will collect certain data as part of initial enrollment including a contact name and email address and company physical mailing address.  We will use this data to provide information and service communications about the Services. You will not be able to unsubscribe from certain Service communications or other non-promotional type communications delivered by us as they are considered an essential part of participation in the Services.  Further, we may use this data to solicit feedback about the Services; provide you with any account or log-in credentials necessary to access the Services; ask you to validate certain technology in your test environment; and to request feedback on scenarios, feature specs and business priority, developed by us.

2.3          Threat signals. 

Threat Signals are collected and sent to Microsoft by behavioral sensors in Windows 10 software that power the Services and activate upon endpoint enrollment. Security analytics are applied on Threat Signals to detect possible data breaches.

(a)      “Threat Signals” mean behaviors of processes, files, and registry as observed on the endpoint and may include code files data (such as file names, sizes and hashes), process data (running processes, hashes), registry data, network connection data (host IPs and ports), machine details (such as GIUDs, names, OS version).

(b)      Threat Signals will be used by Microsoft to (i) proactively identify indicators of attack in Participant’s organization; (ii) generate alerts if possible attack was detected; and (iii) provide your security operations with views into machines, files, and URLs related to Threat Signals from your network, enabling you to investigate and explore the presence of security threats.

2.4          Storage, access.

Review the Windows Defender Advanced Threat Protection (ATP) data storage and privacy section in the Windows Defender ATP guide for more information on where and how we store your Data.

By using the Services, you agree that Microsoft may collect and use your Data as described in this Section 2.

3.            The Services 

3.1          Trial services and updates.

The Services are trial versions and may not work correctly or in the manner that a commercial version of the Services may function.  Certain features may be missing or disabled and the Services may employ lesser or different privacy and security measures than those typically present in a commercial version. We may update the Services, which may result in the deletion of your Data. The Services may experience interruptions and extended downtime during which Data may not be accessed.  Because the Services are trial versions, some or all of your Data, as defined in Section 2, could be unintentionally deleted. 

3.2          Future releases.  

We may change or update the Services at any time for future releases or commercial availability. If we make a commercial version of the Services available, you must enter into a separate agreement if you wish to access and use those commercial Services.

3.3          Permissible use of the Services. 

(a)         You may only use the Services to test them for use with your Data.  All such use is subject to you complying with this agreement, any policies and procedures we designate for use of the Services, and any limits on the number of users who may access or use the Services.

(b)         In the event that Microsoft provides bug fixes or updates to the Services, or provides an updated version of the Services to you, you agree to install the update or replace the Services with the updated version as directed by Microsoft.

(c)         All rights to use the Services shall cease on the thirtieth (30th) day after commercial release. If you desire to use the commercially released version (if available), you will need to upgrade to, and acquire the appropriate licenses for, such commercially released version.

(d)         You are solely responsible for any non-Microsoft software that you install or use with the Services.  We are not a party to and are not bound by any terms governing your use of non-Microsoft software.

 

(e)         You represent and warrant that:

                                                          i.          you have, will obtain, and will maintain all necessary rights to your Data, and any other data, software programs or services you use in connection with the Services; 

                                                         ii.          your use of such data, software programs or services does not infringe the intellectual property or other proprietary rights of any third party;

                                                        iii.          you will not access or use the Services in a manner that violates the rights of any third party (including any third party that contributes to the Service) or which purports to subject Microsoft to any other obligations; and

                                                        iv.          you will access and use the Services in a manner which complies with all applicable laws and regulations.

3.4          Use restrictions. 

Except as may be expressly allowed in this agreement, you may not:

(a)         Remove, modify, or tamper with any regulatory or legal notice or link (including those belonging to a third party) that is incorporated into the Services;

(b)         Falsify any protocol or email header information (e.g., “spoofing”) within the Services;

(c)         Disclose the results of any benchmark tests of the Services to any third party without Microsoft’s prior written approval;

(d)         Work around any technical limitations in the Services;

(e)         Reverse engineer, decompile, or disassemble the Services except where applicable law permits it despite this limitation;

(f)          Rent, lease, lend, resell, or host the Services to or for third parties;

(g)         Publish the software for others to copy; or 

(h)         Access or use the Services:

                                                          i.          in any way prohibited by any law, regulation or governmental order or decree or that violates others’ legal rights (including the rights of third parties contributing to the Services);

                                                         ii.          in any way that could harm the Services or impair anyone else’s use of the Services;

                                                        iii.          to try to gain unauthorized access to the Service, related data, account or network by any means; or

                                                        iv.          to send “spam” (i.e., unsolicited bulk or commercial messages) or otherwise make available any offering designed to violate these terms (e.g., denial of service attacks, etc.).

4.            Proprietary Rights

4.1       Reservation of rights; no other license.

We reserve all rights not expressly granted in this agreement. No additional rights (including implied licenses, rights or covenants) are granted by implication, estoppel or otherwise. Except as expressly set forth herein, this agreement does not provide you with any license or rights to use any data, software programs or services, or to any related or enabling technologies that may be necessary to use such data, software programs or services. Any license or other terms associated with any data, software programs or services that access or use the Services do not apply to or bind Microsoft.  You have no right of ownership or of control over the Services.

4.2          License to Microsoft.

You license to us (and our affiliates and necessary sublicensees), all intellectual property or other rights required to allow us to use or process Data or other information through the Services. We may only use such rights, Data and information to provide, operate, and improve the Services or support services (if any). Other than as necessary to provide the Services, we have no right of ownership or control over your Data or other information provided by you in connection with the use of the Services.  You are solely responsible for protecting rights you have, or may have, in your Data or information.

5.            Your Account

5.1          Account setup. 

You may access or use the Services only if you:

(a)         accept the terms and conditions of this agreement;

(b)         created a Services subscription according to Microsoft’s instructions; and

(c)         created a Services ID and password according to Microsoft’s instructions.

Your Services ID and password and any other credentials or tokens we provide are the Services subscription credentials needed to access or use the Services. You are responsible for protecting the confidentiality of any Services IDs or other authentication credentials associated with your use of the Services under this agreement.  In addition, you are responsible for your passwords, if any, and all activity with your Service accounts including that of users you provision and dealings with third parties that take place through your account or associated accounts.  You must keep your accounts and passwords confidential.  You must tell us right away about any possible misuse of your accounts or any security incident related to the Service.  We will not be liable for any loss resulting from an unauthorized person using your IDs, passwords or any assigned credentials or tokens.

5.2          Account use.  

You are solely responsible for all activity under your Services subscription. All individuals using the Services under your Services subscription must comply with this agreement. 

6.            Service Levels; Security

6.1          Service levels. 

We have no obligation to provide any support services for the Services. The Services may be periodically inaccessible for 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 or a portion of the Services and some or all of your Data may be deleted. If we determine that an outage or interruption may cause risk to the Services, we may suspend the Services. 

6.2          Security. 

We may apply security technologies and procedures to help protect against unauthorized access or use of the Services. We do not guarantee the success of such technologies and procedures. You are solely responsible for the security, protection and backup of your Data, and any other data, software or services you use in connection with the Services.

7.            Use of software with the Services.

You may need to install additional Microsoft software to use the Services (e.g. provisioning scripts).  You may install and use the additional Microsoft software on your devices only for use with the Services and only until your right to use the Services terminates or expires. 

8.            Notices

8.1          Notices to Customer. 

We may provide you with notices in any manner we choose, including by email or posting any such notices on a portal or community development center web site for the Services.  Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. Notices provided via posting on a portal or community development center web site will be deemed given on the date they are posted. If you can access and use the Services, no other software and hardware is required to receive these notices.

8.2          Notices to Microsoft.

You will provide notices to us in the manner set forth in your program documentation or the Services portal, as applicable.

9.            Confidentiality; Feedback 

9.1          Confidential information.

“Confidential Information” is nonpublic information disclosed by us or our agents, contractors, or program partners in connection with the Services that is either designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential. Without limiting this provision, Confidential Information includes the terms of this agreement, the features and characteristics of the Services, Service documentation, and the information exchanged in connection with the Services, including any third party information or data provided to you by Microsoft through the Services.

(a)          Use.  You may not disclose Confidential Information to any third party for five years after either your initial use of the Services or the commercial release of the Services, whichever occurs first. You may disclose confidential information only to your employees and consultants who (1) have a need to know the information; and (2) with whom you have a written agreement that protects the Confidential Information as much or more than this agreement.

(b)          Safety Precautions.  You will:

·        take reasonable steps to protect the Confidential Information. These steps must be at least as protective as those you take to protect your own confidential information;

·        promptly notify us if you discover any unauthorized use or disclosure of Confidential Information; and

·        cooperate with Microsoft to regain control of the Confidential Information and prevent further unauthorized use or disclosure.

(c)          Sharing Confidential Information with Affiliates.  You may disclose the Confidential Information to your affiliates. You remain responsible for any unauthorized use or disclosure. These disclosures may be made only on a need-to-know basis, subject to the obligations of this section. You are responsible for your affiliates’ and representatives’ compliance with this agreement.

(d)          Exclusions.  You may disclose Confidential Information in response to a judicial or governmental order provided you first (i) seek the highest level of protection available, and (ii) give written notice to Microsoft to allow it to seek a protective order or otherwise protect the information. Confidential information does not include information that

·        becomes publicly known through no wrongful act;

·        you received from a third party who did not breach confidentiality obligations to Microsoft or its suppliers; or

·        you developed independently.

(e)      Survival. Your duty to protect Confidential Information survives the termination or expiration of this agreement.

9.2          Feedback.

You license to Microsoft without charge all intellectual property or other rights necessary for us to use, share, and commercialize in any way or for any purpose any feedback about the Services that you provide.  You also license to all third parties without charge all intellectual property or other rights necessary for their products, technologies and services to use or interface with any specific parts of a Microsoft software or service that includes the feedback. You will not give feedback that is subject to any license that requires us to license our software or documentation or provide our services to third parties. The rights granted in this paragraph are perpetual and world-wide and survive the termination or expiration of this agreement. 

9.3          Solicitation of Feedback.

As a participant in the Microsoft trial Services program, your feedback is valuable to us.  You agree that we may contact you in the manner set forth above in Section 8 or as otherwise indicated in your program documentation or the Services portal, , as applicable, to solicit feedback regarding the Services.

10.          Indemnification

You will indemnify, pay the defense costs of, and hold us, our affiliates, and our or their successors, officers, directors and employees harmless from and against any and all claims, demands, costs, liabilities, judgments, losses, expenses and damages (including attorneys' fees) arising out of, in connection with, or related to:

10.1    your use of the Services (including the Microsoft and third party data contained therein)  in breach of this agreement or in violation of any applicable law or regulation; or

10.2    any Data, non-Microsoft software programs or services that you use in connection with the Services, including without limitation any claim that such Data, non-Microsoft 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.

11.          Disclaimer of Warranty

WE PROVIDE THE SERVICES AND SUPPORT SERVICES (IF ANY) "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE." YOU BEAR THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AVAILABILITY OF DATA FROM THE SERVICE, AND EFFORT.  WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES OR SUPPORT SERVICES (IF ANY).  EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE DISCLAIM, ON BEHALF OF OURSELVES AND OUR SUPPLIERS, ANY AND ALL REPRESENTATIONS OR WARRANTIES, EXPRESS, STATUTORY AND IMPLIED (FOR THE PROVISION OF THE SERVICES AS WELL AS THE FIRST AND THIRD PARTY DATA CONTAINED THEREIN) INCLUDING WITHOUT LIMITATION (A) REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT; (B) REPRESENTATIONS OR WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND (C) REPRESENTATIONS OR WARRANTIES THAT ACCESS TO OR USE OF THE SERVICES WILL FUNCTION AS DESCRIBED, WILL BE UNINTERRUPTED OR ERROR-FREE, SECURE, OR THAT YOUR USE OF THE SERVICES WILL BE RELIABLE AND ACCURATE, INCLUDING WITHOUT LIMITATION STORING, READING, OR UPDATING YOUR DATA.  NO ORAL OR WRITTEN STATEMENT MADE TO YOU IN THE CONTEXT OF PROVIDING THE SERVICES OR SUPPORT SERVICES (IF ANY) SHALL CREATE ANY WARRANTY THAT HAS BEEN EXPRESSLY DISCLAIMED IN THIS AGREEMENT.

12.          Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY, NOR THE THIRD PARTY PROVIDERS OF DATA USED AS PART OF THE SERVICE, 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 POSSIBLITY 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 A PARTY’S LIABILITY FOR BREACH OF ITS CONFIDENTIALITY OBLIGATIONS OR VIOLATION OF ANOTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS (INCLUDING THOSE PARTIES WHO CONTRBUTE DATA TO THE SERVICE).

WE SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS IN THE SERVICES, INCLUDING WITHOUT LIMITATION, POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS INCLUDING THOSE THAT AFFECT THE RECEIPT, ACCEPTANCE, PROCESSING, COMPLETION OR SETTLEMENT OF YOUR SYSTEMS.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.  They also may not apply to you because your province or country may not allow the exclusion or limitation of incidental, consequential or other damages.

13.          Suspension of Service

We may suspend or cancel your use of and access to all or any part of the Services at any time, for any reason and in its sole discretion.

14.          Links to Third Party Sites

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

15.          Modifying the Terms; Additional Terms

15.1       Modifying the Terms. 

We may modify this agreement at any time and will provide notice of any modifications. The most current version of the agreement is available via the “Settings” link provided on the portal site for the Services. If you do not agree to any modifications, you must immediately stop using the Services. Your continued use of the Services constitutes acceptance of the modified agreement.

15.2       Additional Terms. 

This agreement incorporates by reference any additional terms or conditions applicable to particular aspects of the Services, including without limitation the anti-spam policy. 

 16.         Term; Termination

16.1       Term. 

This agreement is effective on your acceptance, as evidenced by your use of the Services.  This agreement terminates on the earlier of 30 days following first availability of the next commercial release of the Services, or upon the availability of the next beta release of the Services, whichever comes first. We may extend this agreement at our discretion. 

16.2       Termination. 

We may suspend or cancel the Services, or terminate this agreement at any time for any reason. Upon cancellation, suspension or termination, your right to use the Services stops immediately and you must stop using all Services and related data (including, for avoidance of doubt, any information provided as part of a Microsoft or third party security data feed).  You are solely responsible for backing up your Data.  You may stop using and accessing the Services at any time without further obligation.

17.          No Third Party Beneficiaries  

This agreement is only for the benefit of the parties and only they may enforce it. The parties do not intend to confer any right or benefit on any third party. No third party may commence or prosecute an action against a party on the basis that it is a third party beneficiary of this agreement.

18.          No Waiver 

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

19.          Choice of Law and Location for Resolving Disputes 

The laws of the State of Washington, USA, govern the interpretation of this agreement, 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, or if you live outside the United States, the laws of the country that is the domicile of the organization or entity for which you are accessing or using the Services. The parties 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.  This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.

20.          Interpreting the Agreement

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. This agreement, including any other policies or terms incorporated by reference, is the entire agreement between the parties regarding the Services. It supersedes any prior agreements or statements (whether oral or written) regarding the Services, and is separate and independent from any other agreement(s) that may exist between the parties. 

21.          Assignment

We may assign this agreement, in whole or in part, at any time without notice. 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.

22.          Limitation of claims.

Any claim related to this agreement or the Services is barred unless brought within one year from the date the claim could first be filed.  This limitation applies to each party’s successors or assigns.

23.          U.S. Export Jurisdiction

The Services and any software provided in connection with the Services are subject to U.S. export jurisdiction. You 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 http://www.microsoft.com/exporting/.

24.          English Language Controls

The English language version of this agreement controls. If you are in Canada, it is the express wish of the parties that this agreement, and any associated documentation, be written and signed in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.

25.          Copyright and Trademark Notices

All contents of the Services are Copyright © 2016 Microsoft Corporation and/or its suppliers, One Microsoft Way, Redmond, Washington 98052-6399 U.S.A. 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 and 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. Any rights not expressly granted herein are reserved. 

Under Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to service provider's designated agent. inquiries not relevant to the following procedure will receive no response.  

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

I accept these terms and conditions