Microsoft Trial Online Service Terms
for Windows Defender Advanced Threat Protection
Last Updated: April 2016
What the Agreement
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”).
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.
3.1 Trial services
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
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.
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.
All rights to use the Services shall cease on the
sixtieth (60th) 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.
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
You represent and warrant that:
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;
your use of such data, software programs or services
does not infringe the intellectual property or other proprietary rights of any
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
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:
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;
Falsify any protocol or email header information (e.g.,
“spoofing”) within the Services;
Disclose the results of any benchmark tests of the
Services to any third party without Microsoft’s prior written approval;
Work around any technical limitations in the Services;
Reverse engineer, decompile, or disassemble the Services
except where applicable law permits it despite this limitation;
Rent, lease, lend, resell, or host the Services to or
for third parties;
Publish the software for others to copy; or
Access or use the Services:
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);
in any way that could harm the Services or impair anyone
else’s use of the Services;
to try to gain unauthorized access to the Service,
related data, account or network by any means; or
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.).
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.
5.1 Account setup.
You may access or use the Services only if you:
accept the terms and conditions of this agreement;
created a Services subscription according to Microsoft’s
created a Services ID and password according to
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.
6.1 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.
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.
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
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.
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.
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.
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.
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.
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.
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
9.3 Solicitation of
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.
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
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
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.
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.
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.
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.
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.
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.
This agreement is effective on your acceptance, as
evidenced by your use of the Services. This agreement terminates on the
earlier of 60 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
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.
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.
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.
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.
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
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
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.
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/.
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
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
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.