Last Updated: May 2022
Acceptance of Terms
Description of Services
Through the PowerShell Gallery web properties and PowerShell APIs (collectively, "Services"), Microsoft provides you with access to, including the ability to upload or otherwise publish, a variety of PowerShell script, binary, manifest and dynamic modules which package and deploy PowerShell functionalities (collectively, "Packages"). The Services which include any updates, enhancements, new features, and/or the addition of any new PowerShell Gallery web properties or PowerShell APIs, are subject to the TOU.
Your privacy is important to us. Please read the Microsoft Privacy Statement (the "Privacy Statement") as it describes the types of data we collect from you and your devices ("Data"), how we use your Data, and the legal bases we have to process your Data. Where processing is based on consent and to the extent permitted by law, by agreeing to these TOU, you consent to Microsoft's collection, use and disclosure of your Data as described in the Privacy Statement.
The Services allow you to access, download, share, or upload Packages from Microsoft and third parties. Each Package is governed by the terms that are included with the Package Materials and may be subject to limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations and terms. You should review the applicable terms before accessing, downloading, or acquiring any Packages. Any terms included with the Packages do not modify the TOU. Microsoft does not license any intellectual property to you from third party Package providers and is not responsible for information provided by third parties.
Package Sharing/Uploading Requirements
We don't claim ownership of your Packages. Your Packages remain yours and you are responsible for it. When you share your Packages with other people via the Services, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, broadcast, transmit, share and your Packages for the purpose that you made your Packages available via the Services without compensating you. If you do not want others to have that ability, do not use the Services to share your Packages. Microsoft cannot permanently delete or edit any Packages you upload, store or share through the Services, including any personal data which might be contained in such Packages. You may unlist your Packages, which prevents those Packages from appearing on PowerShellGallery.com, as further described in the Services documentation. Each Package that you share or upload via the Services must meet the following requirements:
- General Requirements.
The Package must comply with this these TOU and any other materials and documentation provided to you by Microsoft, which may be revised from time to time. You are responsible for providing technical support for each Image you publish.
- Third-Party Rights.
Your Package and the Package name, trademarks, logos, icons, descriptions, titles, trade dress or other metadata you provide to Microsoft in connection with your Package (collectively "Package Assets") must not infringe or misappropriate any intellectual property or personal right of any third party. If any portion of your Package code is used under license from a third party, you are solely responsible for compliance with those license terms and conditions. You are, at your sole cost and expense, responsible for securing, reporting, and maintaining all necessary rights, clearances and consents and paying all licensing fees, and for undertaking all related reporting obligations.
- Local Law and Privacy Compliance.
- Disclosures and notices for Images.
If you are required to make any disclosures to users prior to download of the Package, you must provide those in the Package description field (unless they are provided elsewhere in a Package description page). The Package description pages may include your full contact information. You must disclose to Microsoft any controlled technology employed, used or supported by your Package that may impose any legal obligations or requirements on Microsoft. You must inform Microsoft of such legal obligations and requirements and take any action if necessary for Microsoft to comply with its legal obligations. You may not use the Service or any services or tools made available for the development of an Package for, or to permit others to carry out, any illegal activity or breach of contract.
Microsoft may remove or suspend the availability of a Package for any reason. Reasons may include but are not limited to: (i) your breach of the terms of these TOU (including associated documentation); (ii) termination of the license grants associated with an Package; (iii) an assertion or claim that your Package infringes the intellectual property rights of a third party; (iv) complaint(s) about the content or quality of your Package; or (v) your actual or potential violation of any applicable federal or state advertising or pricing law, regulation, or regulatory guideline.
If you overburden or impair any of the PowerShell APIs, we may start throttling your access to the PowerShell APIs and may eventually revoke your access to the PowerShell APIs.
Microsoft Online Services and Software
The use of the Services and Packages available via the Services may require that you download certain Microsoft software, including but not limited to Microsoft PowerShell. Use of Microsoft PowerShell or any other Microsoft software is subject to the license associated with the downloaded software. Some Packages connect to or rely on Microsoft Online Services. Use of Microsoft Online Services are subject to the terms under which you obtained your subscription to the applicable Microsoft Online Services.
Using the Services
You'll need a Microsoft account to use some of the Services.
- Creating an Account.
You can create a Microsoft account by signing up online. You agree not to use any false, inaccurate or misleading information when signing up for your Microsoft account or PowerShell account. If you create a Microsoft account on behalf of an entity, such as your business or employer, you represent that you have the legal authority to bind that entity to the TOU. You cannot transfer your Microsoft account to another user or entity. To protect your account, keep your account details and password confidential. We may require you to change your confidential account information (including your API keys) before you may continue using the Services if your confidential account information is released publicly. Ultimately, you alone are responsible for all activity that occurs under your Microsoft account. We may use your public profile name and your verified email address to display your publicly visible Gravatar profile picture (or a default image if you have not set up a Gravatar profile picture). Use of a Gravatar profile picture may be subject to the Gravatar Terms of Services.
- Additional Equipment/Data Plans.
To use many of the Services, you'll need an internet connection and/or data/cellular plan. You are responsible for providing all connections, plans, and/or equipment needed to use the Services and for paying the fees charged by the provider(s) of your connections, plans, and equipment.
- Service Notifications.
When there's something important to tell you about the Services, we'll send you service notifications to the email associated with your Microsoft account.
Code of Conduct
By agreeing to the TOU, you're agreeing that, when using the Services, you will follow these rules:
- Don't do anything illegal.
- Don't publicly display or use the Services to share inappropriate content or material (involving, for example, nudity, pornography, graphic violence, or criminal activity).
- Don't engage in activity that is false or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the Services to affect rankings, or ratings).
- Don't circumvent any restrictions on access to or availability of the Services.
- Don't damage, disable, overburden, or impair the Services.
- Don't engage in activity that is harmful to you, the Services, or others (e.g., transmitting viruses).
- Don't infringe upon the rights of others (e.g., unauthorized sharing of copyrighted materials).
- Don't engage in activity that violates the privacy of others.
- Don't help others break these rules.
Links to Third Party Sites
SOME LINKS WILL LET YOU LEAVE MICROSOFT'S WEB PROPERTIES. THE LINKED SITES ARE NOT UNDER THE CONTROL OF MICROSOFT AND MICROSOFT IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. MICROSOFT IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. MICROSOFT IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY MICROSOFT OF THE SITE.
Notices and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement. You may also utilize the "Report Abuse" link on the Web pages to report any claimed copyright infringement. We may also close your account for repeat infringers, including deleting all Packages related to the account.
If you no longer agree to be bound by the TOU, you must cease all use of the Services. We reserve the right to terminate or suspend your access to and use of the Services, without notice, if we believe, in our sole discretion, that (i) such use is in violation of any applicable law; (ii) such use is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity; (iii) where we have reason to believe that you are in violation of the TOU; or (iv) for any reason whatsoever.
You acknowledge that code (object or source) and related technology available via the Services (collectively, "Code") may be subject to export control and economic sanctions laws, regulations, or orders of the United States or any other applicable jurisdiction (collectively, "Export Laws"). In using the Services, you agree to comply with all applicable Export Laws. You also agree not to upload or use in connection with the Services any Code related to any U.S. or foreign origin defense article described on the U.S. Munitions List of the International Traffic & Arms Regulations (ITAR). By using the Services, you confirm that you are not located in (or a national resident of) any destination subject to comprehensive U.S. economic sanctions or export control restrictions; you are not subject to export control or economic sanctions restrictions due to the listing of you or any other person on the U.S. Department of Commerce Denied Persons List, Entity List, Unverified List, or on the Treasury Department, Office of Foreign Assets Control, Specially Designated Nationals and Blocked Persons List; and you will not use the Services directly or indirectly in the development or production of nuclear, chemical, or biological weapons or in missile technology programs as specified in the U.S. Export Administration Regulations, Part 744. You acknowledge that use of the Services to host Code without submitting notifications or reports required under Export Laws may cause a violation of Export Laws. You agree to submit any such notification or report, and you acknowledge that Microsoft is not responsible for submission of any such notification or report. You agree to indemnify and hold harmless Microsoft for any fines, penalties, forfeitures, and costs (including attorneys' fees) attributable to any failure to submit such notification. For further information on export and geographic export restrictions, please visit https://www.microsoft.com/en-us/exporting.
Microsoft does not consider or accept unsolicited proposals or ideas, including, without limitation, ideas for new products, technologies, promotions, product names, product feedback and product improvements ("Unsolicited Feedback"). If you send any Unsolicited Feedback to Microsoft through the Services or otherwise, you acknowledge and agree that Microsoft shall not be under any obligation of confidentiality with respect to the Unsolicited Feedback.
MICROSOFT, AND OUR AFFILIATES, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. MICROSOFT DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, WE EXCLUDE 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 LAWS. NOTHING IN THE TOU 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. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.
Limitation of Liability
If you have any basis for recovering damages (including breach of the TOU), you agree that your exclusive remedy is to recover, from Microsoft or any affiliates, distributors, and vendors, direct aggregate damages up to $10.00 USD. You can't recover any other damages or losses, including consequential, lost profits, special, indirect, incidental, or punitive. 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 we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to any claims related to the TOU, the Services, and the software related to the Services.
Contracting Entity, Choice of Law, Jurisdiction
References to "Microsoft" in the TOU mean that you're contracting with Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, U.S.A. If you live in (or, if a business, your principal place of business is in) the United States, the laws of the state where you live govern all claims, regardless of conflict of law principles. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, for all disputes arising out of or relating to the TOU or the Services that are heard in court.