Anaconda Toolbox in Microsoft Excel

This Offering Description describes Anaconda Toolbox in Microsoft Excel (hereinafter the “Toolbox”). Your use of the Toolbox is governed by this Offering Description, and the Anaconda Terms of Service (the “Terms”, available at www.anaconda.com/legal/terms/terms-of-service), collectively the “Agreement” between you (“You”) and Anaconda, Inc. (“We” or “Anaconda”). In the event of a conflict, the order of precedence is as follows: 1) this Offering Description; 2) if applicable, a Custom Agreement; and 3) the Terms if no Custom Agreement is in place. Capitalized terms used in this Offering Description and/or the Order not otherwise defined herein, including in Section 13 (Definitions), have the meaning given to them in the Terms or Custom Agreement, as applicable. Anaconda may, at any time, terminate this Agreement and the license granted hereunder if you fail to comply with any term of this Agreement. Anaconda reserves all rights not expressly granted to you in this Agreement.

Anaconda Toolbox Description

The Toolbox allows Users to utilize various Anaconda-developed tools, including Anaconda Assistant, within the Microsoft Excel application. These terms complement the existing Anaconda Terms of Service, Anaconda Acceptable Use Policy, and Microsoft Terms and Conditions regarding Python in Excel. While utilizing the Toolbox, Users are subject to both Anaconda’s outlined terms and Microsoft’s broader conditions for Python integration in Excel.

Anaconda Assistant

Anaconda Assistant is a component included to facilitate Python in Excel coding functionality. The rules concerning data privacy and intellectual property within the context of Anaconda Assistant are governed by the terms specified in the Anaconda Terms. Due to the dynamic nature of the Toolbox, the introduction of new functionalities along with the Anaconda Assistant might lead to potential conflicts that could impact User data. Anaconda’s responsibility does not extend to any resulting data loss, damage, or service disruptions stemming from using or downloading the Toolbox.

Visualization Tools, Data Connectors, and Anaconda Code

The Toolbox provides visualization tools aimed at facilitating the creation of illustrative charts and graphs, enabling more comprehensive data understanding and communication. Additionally, we facilitate data connectors designed to expedite the importation and exportation of data between the Toolbox and the Anaconda AI Platform. This integration works under the Anaconda Terms and the Anaconda Privacy Policy. Anaconda Code provides local Python runtimes for code written within the Excel application through PyScript’s WebAssembly (WASM) technology.

Anaconda Toolbox Pre-Released Offerings

Anaconda may offer certain Products in alpha or beta versions (the “Pre-Released Offerings”). Anaconda will identify such Pre-Released Offerings (such as in version comments). Pre-Released Offerings are Products that are still under development, and as such, may be inoperable or incomplete and may contain bugs, performance issues, and/or not operate as intended. PRE-RELEASED OFFERINGS ARE PROVIDED WITH NO REPRESENTATIONS OR WARRANTIES REGARDING THEIR USE AND MAY CONTAIN DEFECTS, FAIL TO COMPLY WITH APPLICABLE SPECIFICATIONS, AND MAY PRODUCE UNINTENDED OR ERRONEOUS RESULTS. YOU MAY ONLY USE PRE-RELEASED OFFERINGS IF YOU ACCEPT THEM “AS IS” WITHOUT ANY WARRANTY WHATSOEVER.

In the context of testing Pre-Released Offerings, beyond collecting and processing your personal data as necessary, Anaconda might also collect and use telemetric data. Telemetric data includes non-personal, technical information that helps evaluate product performance, diagnose issues, and make improvements. Anaconda reserves the right to modify, refine, or withdraw Pre-Released Offerings without prior notice. Anaconda shall not be held liable for any loss, damage, corruption, or misuse of data arising directly or indirectly from the use of Pre-Released Offerings. Users are encouraged to maintain backup copies of their data.

Acceptable Use Policy

You shall use the Toolbox in compliance with all applicable laws, regulations, and the Anaconda Acceptable Use Policy (available at anaconda.com/legal/acceptable-use). Your use of the Toolbox shall not infringe upon the rights of any third party, violate any legal obligations, or engage in any activities that could lead to illegal or unethical conduct.

When using third-party content or data within the Toolbox, you are responsible for ensuring that such content is used in compliance with applicable licenses and permissions. Anaconda assumes no responsibility for verifying the legality, ownership, or accuracy of third-party content used within the Toolbox.

You agree to indemnify, defend, and hold Anaconda harmless from any claims, losses, damages, liabilities, costs, and expenses (including attorneys’ fees) arising out of or relating to any claims alleging the violation of intellectual property rights or misuse of data submitted or used within the Toolbox. This includes claims related to the use of third-party content, data, or materials. In the event of a breach of this Section, Anaconda reserves the right to suspend, terminate, or restrict your access to the Toolbox without prior notice.

Intellectual Property

6.1 Licensing to Anaconda

By using the Toolbox, you grant Anaconda a limited, non-exclusive, royalty-free, worldwide license to access, use, and process the data you provide as necessary for the operation and enhancement of the services. This license does not extend to your proprietary data beyond what is required for the functionality of the services.

6.2 Data Ownership

Any data, information, or content that you input or insert into the columns and fields while using the Toolbox within Microsoft Excel remains your sole property. Anaconda acknowledges that your data is your proprietary information, and we do not assert any ownership, control, or rights over such data. We shall not process, collect, use, or disclose this data beyond what is essential for the provision of the services and in compliance with our Privacy Policy.

6.3 Development and Creations

Any graphics, charts, visual representations, or other content that you develop while using the Toolbox are considered your original creations. Anaconda does not claim any ownership rights over these materials. You retain all intellectual property rights to the content you create using the Toolbox.

6.4 Content Sharing

You can share your Customer Content submitted for your development on the Toolbox with Community Users or specific individuals or Authorized Users you select, to the extent that the Toolbox supports such functionality or in Anaconda User’s Community. By choosing to share your Customer Content or Customer Applications submitted for your development on the Toolbox, you grant certain legal rights, as outlined in the Terms, to the individuals to whom you have provided access. Anaconda bears no responsibility for enforcing, monitoring, or assisting you in the enforcement or monitoring of the terms of the license(s) or permission(s) you have chosen to provide. Anaconda is not accountable for any misuse or unauthorized use of your Customer Content or Customer Applications submitted for your development on the Toolbox by third parties.

6.5 Use of Feedback

Any suggestions, ideas, feedback, or improvements that you provide to Anaconda regarding the Toolbox may be used by Anaconda for product development and improvement purposes. However, your proprietary data or confidential information will not be used for such purposes without your consent.

6.6 Use of other Packages

If you employ the Toolbox for the creation, development, or manipulation of charts, formulas, graphics, or any other function in Excel or any other software, and if you require the download or use of additional Anaconda packages, components, or libraries (the “Packages”), you are hereby notified that the rules and regulations pertaining to distribution, reproduction, commercial use, or any other form of dissemination or utilization established in our Terms apply to said Packages. Any unauthorized distribution, reproduction, or commercial use of the Software or the Packages is strictly prohibited.

Anaconda Packages

When using the Toolbox, you may have the capability to download and utilize various packages and tools provided by Anaconda. These packages and tools are intended for use exclusively within the scope of the Toolbox and are not intended for distribution beyond this context. The packages and tools made available for download through the Toolbox are intended solely for integration and utilization within the Toolbox environment within Microsoft Excel.

Any other distribution or use of these packages outside the Toolbox framework is strictly prohibited and constitutes a violation of this Offering Description. You hereby expressly acknowledge and agree that the packages and tools downloaded through the Toolbox are not meant for redistribution, resale, or public dissemination. Any attempt to distribute, sublicense, or make these packages available to third parties outside of your personal use within the Toolbox is a breach of these terms.

Privacy and Data Collection

The Toolbox collaborates with external tools and integrations. Please be aware that using the Toolbox may involve the collection of personal data through these integrated functionalities within Excel. This data collection follows our Privacy Notice (available at legal.anaconda.com/policies/en/?name=privacy-notice), which governs how personal information is handled, utilized, and protected. Furthermore, as we enhance the Toolbox, we might introduce third-party integrations. These could also involve data collection beyond our immediate control.

Support

When seeking assistance for the Toolbox, please be aware that although we have compiled technical resources and online courses available on our Python in Excel webpage (anaconda.com/excel) and through community forums (community.anaconda.cloud/c/python-in-excel), it is advisable to direct your inquiries to the specialized Microsoft support team as the main provider of the platform. This Agreement does not entitle you to any support for the Toolbox.

No Warranty

The Toolbox is provided on an “as-is” basis. Anaconda does not provide any warranty, whether express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose. Anaconda does not guarantee that the Toolbox will be error-free, uninterrupted, or meet your specific requirements.

Limitation of Liability

In no event shall Anaconda, its affiliates, partners, or contributors be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including but not limited to procurement of substitute goods or services, loss of use, data, or profits, or business interruption) arising in any way out of the use of the Toolbox, even if advised of the possibility of such damage.

You are solely responsible for the use of the Toolbox and any outcomes derived from such use. You understand and agree that any decisions made based on the outputs or results of the Toolbox are made at your own risk. By using the Toolbox, you release Anaconda from any liability, and you agree to indemnify and hold Anaconda harmless from any claims, losses, damages, liabilities, costs, and expenses (including attorneys’ fees) arising out of or relating to your use of the Toolbox in violation of these terms or applicable laws. Your use of the Toolbox is at your own risk.

Third-Party Content

The Toolbox may include links to third-party websites or content. Anaconda does not endorse or assume any responsibility for the accuracy or reliability of any third-party content linked through the Toolbox.

Definitions

For the purposes of this Offering Description, the following definitions apply:

• “Authorized Users”: Individuals who are authorized by You to use the Toolbox and who have been supplied user identifications and passwords by You (or by Anaconda at Your request).
• “Community Users”: Users of the Anaconda Community platform who may access shared content based on permissions set by the content creator.
• “Customer Applications”: Software applications created by You using the Toolbox.
• “Customer Content”: Data, information, and materials that You submit to or through the Toolbox.
• “Pre-Released Offerings”: Alpha or beta versions of Products that are still under development.
• “Toolbox”: Anaconda Toolbox in Microsoft Excel as described in this Offering Description.
• “User”: Any individual who uses the Toolbox, whether authorized or not.