The SPARROW Dashboard Agreement ("Agreement") is between the individual or organization signing up for an account for dashboard access ("You" or "Your) and Microsoft Corporation, through its AI4Good team, ("Microsoft") and governs Your access to and use of the SPARROW Dashboard that Microsoft makes available to You (the "Dashboard"). An individual who accepts this Agreement on behalf of an organization represents that they are authorized to enter into this Agreement on behalf of their organization. Microsoft reserves the right to update and modify this Agreement at any time without notice to You. By continuing to use the Dashboard after a new version of the Agreement has been posted, You agree to the terms of such new version.
Access to and use of the Dashboard is solely for wildlife and environmental biodiversity monitoring and conservation research purposes.
Access and use of the Dashboard is strictly prohibited for any purpose other than as described in Section 1, including but not limited to, for purposes of wildlife trade, capturing data of people, or surveillance. You will not use the Dashboard for any purpose that is prohibited by this Agreement, unlawful, or in any manner that could damage, disable, overburden, or impair any Microsoft services, server or network, or interfere with any other party's use of the Dashboard. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Dashboard.
By connecting Your SPARROW device to the Dashboard, You acknowledge and agree that data from Your device will be automatically uploaded to the Dashboard and deleted from Your device. The data uploaded will include the following (collectively, the "Data"): (a) image files; (b) audio files; (c) detection data (e.g., object/sound detected, probability, data/time); (d) environmental readings (e.g., temperature, humidity, pressure); (e) system metrics (e.g., CPU usage, memory, storage); (f) power metrics (e.g., power usage, solar generation); and (g) satellite metrics (e.g., power usage, location information). Data may be lost, deleted, or become inaccessible in the process. Microsoft reserves the right to delete any Data from the Dashboard at any time that in our discretion violates this Agreement.
Subject to this Agreement, Microsoft grants You a limited, non-exclusive, non-transferable, revocable license to access and use the Dashboard solely for viewing the Data from Your connected SPARROW device in accordance with this Agreement. Microsoft reserves the right to change, modify, or discontinue access to the Dashboard at any time in its sole discretion. No service level agreement or guarantee of uptime applies to the Dashboard.
All of the data that you upload to the Dashboard remains the exclusive property of the uploader.
Microsoft, its affiliates, and its vendors will not use your data for any other purposes except solely for the purpose of providing and maintaining Dashboard services and ensuring system functionality, monitoring for security and compliance with the Terms of Use, and improving service reliability. Only where you provide explicit consent, your data may also be used to enhance model performance.
By uploading data, you grant Microsoft a limited, non-exclusive, worldwide, royalty-free license to use, store, process, and display your data only as necessary to provide and maintain the Dashboard services and purposes described above.
You represent and warrant that You have the right to grant Microsoft the license rights to the Data in Section 5 and that the Data collected, uploaded, or otherwise made available to Microsoft does not:
If You become aware that any Data uploaded from Your device violates this Agreement or applicable law, You shall immediately delete the Data from the Dashboard. You will defend, indemnify, and hold Microsoft, its affiliates, and their respective successors, directors, officers, employees, and agents harmless from and against any claims, damages, liabilities, costs, expenses, judgments, or other amounts arising out of or related to Your breach of these representations and warranties. Microsoft will provide prompt notice of any claim and reasonable assistance at Your expense.
You must sign up to the Dashboard by providing Microsoft with current, complete and accurate information. See the Privacy Statement disclosures relating to the collection and use of Your personal data when you sign-up for an account. You may not create a false identity for the purpose of misleading others. You are entirely responsible for maintaining the confidentiality of Your password, username, and any and all activities that occur under your account.
Microsoft retains all ownership rights, title, and interest in and to the Dashboard, including its underlying technology, configurations, software, and any improvements, modifications, changes, or derivatives thereto (collectively, the "Microsoft Technology"). You shall not (i) adapt, alter, copy, modify, translate or create derivative works of the Microsoft Technology; or (ii) reverse engineer, decompile, disassemble, or otherwise attempt to reconstruct the Microsoft Technology. All rights not expressly granted herein are reserved and retained by Microsoft or its licensors or suppliers.
THE DASHBOARD PROVIDED BY MICROSOFT HEREUNDER, IS PROVIDED ON AN "AS-IS," "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS WITHOUT WARRANTY OF ANY KIND. MICROSOFT DISCLAIMS ALL OTHER EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, NONINFRINGEMENT, OR ACCURACY. MICROSOFT DOES NOT GUARANTEE THAT ACCESS TO THE DASHBOARD WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT DATA WILL BE PRESERVED. DATA MAY BE LOST, DELETED, OR BECOME INACCESSIBLE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MICROSOFT SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE USE OF THE DASHBOARD, WHETHER IN CONTRACT, TORT, OR OTHERWISE, AND IN NO EVENT WILL MICROSOFT (INCLUDING ITS DIRECTORS, OFFICERS AND AFFILIATES) BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF DATA), WHETHER FORESEEABLE OR UNFORESEEABLE, REGARDLESS OF WHETHER THE LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTIES, OR OTHERWISE, AND EVEN IF MICROSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
Microsoft may only use your data for model improvement with your explicit consent. You can opt in at any time using the toggle switch in the dashboard (default setting is OFF). All data uploaded to the dashboard remains private and will never be shared unless you have provided prior consent. Uploaded data will only be analyzed to ensure compliance with the Terms of Use, fixing bugs and addressing security issues. You can credit Microsoft in accordance with customary academic standards.
You may not issue any press releases, public statements, or other publicity materials referencing Microsoft without our prior written approval.
Neither of us will use the other's tradenames, logos, trademarks, service marks or other designations without prior written approval, including via email, of the other party in each instance.
Microsoft reserves the right to terminate this Agreement and Your access to and use of the Dashboard at any time for any reason in its sole discretion.
Any suggestions, ideas, know-how, or other feedback You provide to Microsoft is voluntary and may be used for any purpose without obligation.
This Agreement is governed by the laws of the State of Washington. Jurisdiction and venue shall be in the courts in King County, Washington.
The provisions of this Agreement that by their nature should survive termination shall survive, including Sections 5, 6, 8, 9, 10, 11, 14, and 15.
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.
You may not assign this Agreement without Microsoft's prior written consent.
This Agreement is the entire agreement between You and Microsoft regarding Your access and use of the SPARROW Dashboard. It supersedes any prior or contemporaneous agreements or communications with respect to such matters.