Azure may include preview, beta, or other pre-release features, services, software, or regions offered by Microsoft for optional evaluation ("Previews"). Previews are licensed to you as part of your agreement governing use of Azure, and subject to terms applicable to "Previews".
Certain named Previews are subject to additional terms set forth below, if any. These Previews are made available to you pursuant to these additional terms, which supplement your agreement governing use of Azure. Capitalized terms not defined herein shall have the meaning set forth in your agreement. If you do not agree to these terms, do not use the Preview(s).
Limited Access AI Services and AI Services (Previews)
If a preview version or feature of an Azure Cognitive Service or Applied AI Service is designated as subject to Limited Access Services terms, then the Limited Access Services terms in the Service Specific Terms for Microsoft Azure AI Services and AI Services in the Microsoft Product Terms apply to your access to and use of that preview version or feature.
AI Services and AI Services in Connected or Disconnected Containers (Previews)
Because Customers control the deployment environment for containers, Customers are not prohibited from using preview versions of Services in containers to process Personal Data or other data subject to heightened legal or regulatory requirements. All other preview terms, as well as the terms for Services in Containers in the Service Specific Terms for Microsoft Azure AI Services and AI Services in the Microsoft Product Terms, apply to Customer's use of preview versions of Services in containers (connected and disconnected). Customer remains responsible for determining whether any preview version of a Service in a container is appropriate for processing data that is subject to any specific law or regulation and for ensuring the use of such preview in a manner consistent with Customer's legal and regulatory obligations.
Microsoft may offer required and/or optional updates or supplements to the services in containers. If an update is required, Customer will update the container in accordance with the Microsoft notice requirements; failure to perform these updates may affect the container's functionality and/or the container may stop operating. Customer may use the updates or supplements to the services in containers, pre-release code, additional functionality and optional add-on services in the containers, subject to specific terms (if any) that accompany them. Upon general availability ("GA") of a container, Customer must discontinue its use of preview containers and is required to update to the relevant GA version(s) no later than the end of the annual container reactivation time period.
AI Services, Spatial Analysis Container
- Notice about H.264/AVC Visual Standard, VC-1 Video Standard, MPEG-4 Part 2 Visual Standard and MPEG-2 Video Standard.
This software may include H.264/AVC, VC-1, MPEG-4 Part 2, and MPEG-2 visual compression technology. MPEG LA, L.L.C. requires this notice:
THIS PRODUCT IS LICENSED UNDER THE AVC, THE VC-1, THE MPEG-4 PART 2 AND MPEG-2 VISUAL PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE ABOVE (VIDEO STANDARDS) AND/OR (ii) DECODE AVC, VC-1, MPEG-4 PART 2 AND MPEG-2 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. REFER TO www.mpegla.com.
For clarification purposes, this notice does not limit or inhibit the use of the software in the Container for normal business uses that are personal to that business which do not include (i) redistribution of the software to third parties, including via third party access to Customer Solutions or (ii) creation of content with the VIDEO STANDARDS compliant technologies for distribution to third parties.
- NVIDIA Components.
Spatial Analysis in Containers may include NVIDIA Corporation’s CUDA Toolkit, Tesla drivers, cuDNN, DIGITS, NCCL, and TensorRT (the “NVIDIA Components”). Customer agrees that its use of NVIDIA Components is governed by the following NVIDIA End User License Agreements: NVIDIA CUDA ToolKit; NVIDIA cuDNN; NVIDIA NCCL; NVIDIA TensorRT.
AI Services and AI Services, Embedded Speech Hybrid Offer (Limited Access Preview)
The Embedded Speech Hybrid Offer is subject to the Limited Access Services terms for Azure AI Services and AI Services in the Product Terms for Online Services.
License to Embedded Speech Components
If Customer is approved for access to the Embedded Speech Hybrid Offer pursuant to the Limited Access Services terms, and provided that Customer is in compliance with these terms and conditions for the Embedded Speech Hybrid Offer, Microsoft grants Customer a worldwide, non-exclusive, non-transferable, royalty-free, limited license under Microsoft’s intellectual property rights in the Embedded Speech Components to exercise the Conditional Rights to Use and Distribute Embedded Speech Components as set forth in the Microsoft Software License Terms for the Microsoft AI Services Speech SDK (“Speech SDK Agreement”). If Customer fails to comply with any of its conditions or obligations in connection with the Embedded Speech Hybrid Offer, then Customer does not have any rights to use or distribute the Embedded Speech Components on Company Devices (as defined in the Speech SDK Agreement) or otherwise.
In addition to all applicable conditions in the Speech SDK Agreement, Customer’s license to use and distribute Embedded Speech Components is subject to the following:
- Customer must purchase and pay upfront, using Azure commitment tiers, for Azure AI Services AI Speech usage in Azure at the commitment tier level approved by Microsoft (or adjusted as provided below) in connection with Microsoft’s approval of Customer for access to the Embedded Speech Hybrid Offer.
- Azure AI Services AI Speech running in Azure must be the primary source of Azure AI Services Speech functionality on Customer’s Company Devices, and Embedded Speech Components may only be used to provide Azure AI Services Speech functionality on an incidental basis when Company Devices have no online connectivity.
- Customer must review its usage of Azure AI Services AI Speech in Azure and the relative usage of Embedded Speech Components on Company Devices annually with Microsoft, and Customer must adjust its purchase of Azure commitment tiers as reasonably required by Microsoft based on Customer’s actual and anticipated usage of Azure AI Services AI Speech in Azure and in Embedded Speech Components during the relevant annual periods.
Azure Quantum Service (Preview)
You may not provide access to the Preview of Azure Quantum or use the Preview of Azure Quantum on behalf of any third person or party without Microsoft's prior written approval.
Through the Preview of Azure Quantum you may be able to execute workloads on or with a third party’s (“Provider”) software or hardware (which may be on the Provider’s premises) (“Provider Solution”). Provider Solutions are provided by the Provider (not Microsoft) under the Providers’ own terms of service and privacy policies. If there is a conflict between these terms and any additional terms and conditions applicable to a specific Provider Solution, then such Provider’s additional terms and conditions will govern. For each Provider Solution you select, you authorize Microsoft to transfer your workload to the selected Provider Solution and to receive and return such results to your Subscription Agreement. You are responsible for any fees charged by Providers to use their Provider Solutions.
Azure Communication Services (Preview)
Azure Communication Services
Azure Communication Services is a developer product and an input to customers' applications. Customers are solely liable and responsible for the legal compliance of their applications or offerings that incorporate Azure Communication Services capabilities and services.
Azure Communication Services provides updates and new features in the form of preview programs which may be exposed to Customers through information banners in documentation at docs.microsoft.com, or through "beta" or "pre-release" labels on the application programming interfaces and software development kits. Be aware when a new feature impacts existing functionality, it might change the way you or your users use the functionality.
Some Azure Communication Services private previews and public Previews may be provided under a separate license, such as an open source license. In the event of a conflict between these terms and any separate license, the separate license will prevail with respect to the Azure Communication Services preview that is the subject of such separate license. Each party reserves all rights (and no one receives any rights) not expressly granted by the foregoing licenses.
No Access to Emergency Services
Azure Communication Services in private preview or public preview do not support emergency calling or SMS access to emergency services. You will not seek to enable or attempt to use outbound voice or SMS functionalities of Azure Communication Services to contact official, government-sponsored emergency telephone numbers (such as 911 or 112) which are used to dispatch professional emergency responders for emergency services ("Emergency Services").
You are required to notify users prominently and clearly that access to Emergency Services are not available on Azure Communication Services during private preview or public preview and must be obtained through other means while the product is still in preview.
NEITHER MICROSOFT NOR ITS REPRESENTATIVES WILL BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY CLAIM (INCLUDING THIRD-PARTY CLAIMS), DAMAGE, OR LOSS (AND YOU WILL INDEMNIFY, DEFEND AND HOLD MICROSOFT HARMLESS AGAINST ANY AND ALL SUCH CLAIMS) ARISING FROM OR RELATING TO THE INABILITY TO USE AZURE COMMUNICATION SERVICES IN PRIVATE PREVIEW OR PUBLIC PREVIEW TO CONTACT EMERGENCY SERVICES.
Notwithstanding the terms in your volume licensing agreement, fixed pricing does not apply to Azure Communication Services ("ACS"). ACS pricing is market-based and depends on third-party suppliers of telco services. The available pricing at the time of each purchase is subject to change at any time. You can refer to the Azure portal for pricing adjustments.
Number Assignment and Portability
Phone numbers that are assigned to you during any preview program will be returned to Microsoft at the end of the preview program unless otherwise agreed by Microsoft. During private preview and public preview, telephone numbers are not eligible for porting.
Microsoft Teams Interoperability
Interoperability between Azure Communication Services and Microsoft Teams enables your applications and users to participate in Teams calls, meetings, and chat. It is your responsibility to ensure that the users of your application are notified when recording or transcription are enabled in a Teams call or meeting. Microsoft will indicate to you via the Azure Communication Services API that recording or transcription has commenced and you must communicate this fact, in real time, to your users within your application’s user interface.
Microsoft may send you requests for feedback to learn how the service is operating and should be improved. You consent to receiving surveys and feedback requests. Under European Union privacy law, when collecting and processing your feedback, Microsoft is acting as a data controller. As customer feedback is essential to the successful development of preview services, this processing is necessary for the performance of this contract.
Many countries and states have laws and regulations that apply to the recording of PSTN, voice, and video calls, which often require that users consent to the recording of their communications. It is your responsibility to use the call recording capabilities in compliance with the law. You must obtain consent from the parties of recorded communications in a manner that complies with the laws applicable to each participant.
Customer and its end users shall comply with the Azure Communication Services Messaging Policy. The Messaging Policy applies to SMS, MMS, email, and WhatsApp communications. Microsoft reserves the right to suspend or remove access to Azure Communication Services for Customer or its end users that do not comply with the Messaging Policy. The Messaging Policy is available at https://docs.microsoft.com/azure/communication-services/concepts/telephony-sms/messaging-policy.
Azure API for FHIR® and Azure Health Data Services (Preview Features)
The Azure API for FHIR and Azure Health Data Services and generally available services. These terms apply only to Azure API for FHIR and Azure Health Data Services preview features (“Preview Features”). Preview Features include certain pre-release APIs, including related pre-release versions of tools, software and services intended to be incorporated into the Azure API for FHIR or Azure Health Data Services. Because Customers control the deployment of the Preview Features, Customers are not prohibited from using such Preview Features to process Personal Data or other data subject to heightened legal or regulatory requirements. All other Azure preview (and other applicable) terms apply to Customer's use of the Preview Features.
Customer remains responsible: (i) for determining whether the Preview Features are appropriate for processing data that is subject to any specific law or regulation; and (ii) for ensuring the use of the Preview Features are in a manner consistent with Customer's legal and regulatory obligations.
Results derived from the use of the Preview Features that enable Customer to apply transformations to data will vary based on factors such as data inputted, and functions selected by Customer. Microsoft is unable to evaluate the outputs of these Preview Features to determine the acceptability of Customer's use cases and compliance needs. Outputs from Preview Features are not guaranteed to meet any specific legal, regulatory, or compliance requirements.
Medical Device Disclaimer
Customer acknowledges that the Azure Healthcare APIs Preview (1) is not designed, intended or made available as a medical device(s), and (2) is not designed or intended to be a substitute for professional medical advice, diagnosis, treatment, or judgment and should not be used to replace or as a substitute for professional medical advice, diagnosis, treatment, or judgment. Customer is solely responsible for displaying and/or obtaining appropriate consents, warnings, disclaimers, and acknowledgements to end users of Customer's implementation of the Preview Features.
FHIR® is the registered trademark of HL7 and is used with the permission of HL7.
Microsoft Defender for IoT
Enterprise IoT Network Sensor, a new feature of Azure Defender for IoT, is currently in PREVIEW. For customers who deployed the EIoT Network Sensor and are also active Microsoft 365 Defender (Microsoft Defender for Endpoint) customers, Microsoft Defender for IoT will process and store data from your Microsoft Defender for Endpoint subscription, and the two products will integrate seamlessly to introduce a single, unified inventory view across portals. This will include Microsoft Defender for Endpoint-sourced data pertaining to all devices supported by Microsoft Defender for Endpoint – managed devices, could-be-managed devices, network devices and IoT devices (discovered as part of the Device Discovery feature). The privacy and data handling commitments applicable to Microsoft Defender for IoT, and not to Microsoft Defender for Endpoint, will apply to such data. To learn more, please see the Enterprise IoT documentation. In addition, by using Enterprise IoT Network Sensor, you are consenting to Microsoft engineers accessing and using your data to help build, test, and optimize analytics models.
If you do not want to enable such access, DO NOT USE THE PREVIEW TECHNOLOGY.
Azure Compute Gallery sharing functionality
Azure Compute Gallery ("ACG") contains functionality that enables an Azure subscription owner or delegate to make galleries within their Azure subscription, and resources in those galleries, accessible to other Azure users or communities as a new resource type. Azure users may then access and deploy those resources which may include, but are not limited to, scripts, virtual machine images or virtual machine applications (referred to herein as "Gallery Resources") solely to create Azure Virtual Machines within their own Azure subscription.
If Customer chooses to share Gallery Resources, Customer agrees:
(i) if Customer does not provide a separate license for the Gallery Resources at the Gallery level or in each Gallery Resource, Customer gives a license to all authorized users, including the rights to use modify, and repost such Gallery Resources in Azure; and
(ii) it is allowing Microsoft to make the shared Gallery Resources available to such users in a manner and location of Microsoft's choosing.
Azure Orbital Cloud Access
"Azure Orbital Cloud Access Preview" means the Azure service that enables access to Microsoft Azure Services through a satellite network. The Azure Orbital Cloud Access Preview includes any associated technology, information, materials, updates, and the Azure Orbital Cloud Access Devices provided for use with the Azure Orbital Cloud Access Preview.
"Azure Orbital Cloud Access Devices" means the hardware, (e.g., user terminals, routers) except for Azure Stack Edge Devices (separately defined below) provided by Microsoft specifically to enable your use of the Azure Orbital Cloud Access Preview.
"Azure Stack Edge Devices" means hardware devices, including Software, that are offered as part of Azure Stack Edge family of devices as described at https://azure.microsoft.com/products/azure-stack/edge and obtained separately by Customer under their existing agreement with Microsoft which governs Customer's use of Azure Stack Edge Devices.
"Software" means any Microsoft software components provided with (or for installation on) an Azure Orbital Cloud Access Device for use in conjunction with the Azure Orbital Cloud Access Preview, including all tools, updates, and associated documentation.
Use of the Azure Orbital Cloud Access Devices
Microsoft grants Customer permission to use to the Azure Orbital Cloud Access Devices solely to participate in evaluation of the Azure Orbital Cloud Access Preview, subject to the following:
- Customer Determination of Appropriateness. Customer agrees (i) that it is solely responsible for determining the appropriateness of using the Azure Orbital Cloud Access Preview as set forth in these terms, and (ii) that Microsoft shall have no liability to Customer or any other third party for any loss of data or other damages. Customer should assess the capabilities and features of the Azure Orbital Cloud Access Preview based on Customer's intended workloads and applications to determine if the Azure Orbital Cloud Access Preview is appropriate for Customer's intended use to evaluate the Azure Orbital Cloud Access Preview. The Azure Orbital Cloud Access Preview is provided with no service level agreement (e.g., for uptime, support issue resolution, etc.) and no customer support commitments.
- No Transfer, Access, or Modification. Customer agrees to not sell, assign, or transfer the Azure Orbital Cloud Access Devices, and will not directly or indirectly (through a third party) view, open, modify, disassemble, or otherwise tamper with the Azure Orbital Cloud Access Devices or any Software.
- US Only. The Azure Orbital Cloud Access Preview, including any Azure Orbital Cloud Access Devices, is provided for use only within the United States and its territories. Non-government Customers shall not transport or use an Azure Orbital Cloud Access Device outside of the United States or its territories.
- Azure Orbital Cloud Access Preview Subscription. As part of the Azure Orbital Cloud Access Preview, Microsoft allows Customer to use the Azure Orbital Cloud Access Devices for as long as the Customer has an active subscription to the Azure Orbital Cloud Access Azure Orbital Cloud Access Preview. If Customer no longer has an active subscription and fails to return the Azure Orbital Cloud Access Devices, Microsoft can deem the Azure Orbital Cloud Access Devices as lost as set forth in the "Title and Risk of Loss; Shipment and Return Responsibilities" Section.
Software License; Restrictions; Activation
Any Software provided by Microsoft for use with the Azure Orbital Cloud Access Preview is licensed, not sold. Microsoft grants Customer a limited, nonexclusive, nontransferable license to use the Software provided with the Azure Orbital Cloud Access Device to access the Azure Orbital Cloud Access Preview, and for no other purpose. Microsoft reserves all other rights. This license does not give Customer any right to, and Customer may not: (i) use or virtualize features of the Software separately from the Azure Orbital Cloud Access Device; (ii) publish, copy, rent, lease or lend the Software; (iii) work around any technical restrictions in the Software or restrictions in the Azure Orbital Cloud Access Devices or Azure Orbital Cloud Access Preview documentation; (iv) separate and run parts of the Software on more than one device; (v) install or use non-Microsoft software or technology in any way that would subject Microsoft's intellectual property or technology to any other license terms; or (vi) reverse engineer, decompile, or disassemble the Software, or attempt to do so, except if applicable law permit this even when these terms do not and, in that case, Customer may do so only as the law allows. If there is a conflict between these terms and any separate license terms for any separate modules or agents used in connection with the Azure Cloud Access Device, the separate license terms for those modules or agents shall govern and control for the use of such modules or agents. Customer may not use the Software for comparisons or "benchmarking," except for Customer's internal purposes, nor publish or disclose the results thereof.
Software Activation and Consent for Data Use to Provide Azure Orbital Cloud Access Previews
As applicable, activation of Software associates the use of the Software with a specific device. During activation and subsequent use of the Azure Orbital Cloud Access Device, the Software may send information about the Software and Azure Orbital Cloud Access to Microsoft, including device properties (e.g., node, chassis and component numbers, software and firmware versions, timestamps of registration, etc.) and Customer environment details (e.g., internet protocol addresses of device, device name, time and update server IP address). Microsoft uses this information to make the Azure Orbital Cloud Access Previews available to Customer. By using the Azure Orbital Cloud Access Devices and Software, Customer consents to the transmission of this information to Microsoft.
Microsoft may make Non-Microsoft Products available to Customer through Customer's use of the Azure Orbital Cloud Access Preview, such as through a Microsoft online store (e.g., the Azure Marketplace) or as a component of the Azure Orbital Cloud Access Device. If Customer installs or uses any Non-Microsoft Product with the Azure Orbital Cloud Access Preview, Customer may not do so in any way that would subject Microsoft's intellectual property or technology to obligations beyond those expressly included in Customer's licensing agreement. For Customer's convenience, Microsoft may include charges for certain Non-Microsoft Product as part of Customer's bill for Online Services. Microsoft, however, assumes no responsibility or liability whatsoever for any Non-Microsoft Product. Customer is solely responsible for any Non-Microsoft Product that it installs or uses with the Azure Orbital Cloud Access Preview or acquires or manages through a Microsoft online store. Customer's use of any Non-Microsoft Product shall be governed by the license, service, and/or privacy terms between Customer and the publisher of the Non-Microsoft Product (if any).
Title and Risk of Loss; Shipment and Return Responsibilities
Title and Risk of Loss
All right, title and interest in each Azure Orbital Cloud Access Device is and shall remain the property of Microsoft. Except as expressly set forth in these terms, no rights are granted to any Azure Orbital Cloud Access Device (including under any patent, copyright, trade secret, trademark or other proprietary rights). Customer is responsible for inspecting the Azure Orbital Cloud Access Devices upon receipt from the carrier and for promptly reporting any damages to email@example.com. Customer is responsible for the entire risk of loss of, or any damage to (other than expected wear and tear), the Azure Orbital Cloud Access Devices once it has been delivered by the carrier to Customer’s designated shipping address until the Microsoft-designated carrier accepts the Azure Orbital Cloud Access Devices for return delivery.
Microsoft may charge Customer for a lost device fee for the Azure Orbital Cloud Access Devices if Customer does not provide the Azure Orbital Cloud Access Devices to the Microsoft-designated carrier for return or return the Azure Orbital Cloud Access Devices pursuant to the "Shipment and Return of Azure Orbital Cloud Access Devices" Section below within 30 days from the end of Customer's use of the Azure Orbital Cloud Access Preview. Microsoft reserves the right to charge a fee for lost or damaged devices.
Shipment and Return of Azure Orbital Cloud Access Devices
Customer will be responsible for a one-time - shipping fee for the shipment of the Azure Orbital Cloud Access Devices which includes from Microsoft to Customer and return shipping of the same. When returning an Azure Orbital Cloud Access Devices to Microsoft, Customer will package and ship the same in accordance with Microsoft's instructions, including by using a carrier designated by Microsoft and the packaging materials provided by Microsoft. Customer will package and ship the Azure Orbital Cloud Access Devices in accordance with Microsoft's packaging instructions.
Customer may use other Microsoft Azure services in connection with Customer's use of the Azure Orbital Cloud Access Preview, and Microsoft deems such services as separate services that may be subject to separate metered fees and costs. By way of example only, Azure Storage and Azure Compute are separate Azure services, and if used (even in connection with its use of the Azure Orbital Cloud Access Preview), separate Azure metered services will apply.
Azure Orbital Cloud Access Preview subscription fees are billed at a flat monthly rate. If you decide to cancel the Azure Orbital Cloud Access Preview before the expiration of the Azure Orbital Cloud Access Preview program, then you must provide Microsoft with notice of your cancellation via email to firstname.lastname@example.org and the applicable subscription fees will be assessed through the duration of the month during which Microsoft receives and processes your return of the Azure Orbital Cloud Access Devices.
Moving Azure Orbital Cloud Access Device between Government Customer's Locations
Government Customers in possession of Azure Orbital Cloud Access Devices may, at government Customer's sole risk and expense, transport the Azure Orbital Cloud Access Devices to government Customer's different locations in accordance with this Section and the requirements of these terms. Government Customer is responsible for obtaining at government Customer's own risk and expense any export license, import license and other official authorization for the exportation and importation of the Azure Orbital Cloud Access Devices and associated Software and government Customer’s data to any such different government Customer location. Government Customer shall also be responsible for customs clearance at any such different government Customer location, and will bear all duties, taxes and other official charges payable upon importation as well as any and all costs and risks of carrying out customs formalities in a timely manner. Government Customer agrees to comply with and be responsible for all applicable import, export and general trade laws and regulations should government Customer decide to transport the Azure Orbital Cloud Access Devices beyond the country border in which government Customer receives the Azure Orbital Cloud Access Devices. Notwithstanding the foregoing, if government Customer transports the Azure Orbital Cloud Access Devices to a different location as set forth in this Section, government Customer agrees to cause the Azure Orbital Cloud Access Devices to return to the country location where government Customer received it initially, prior to shipping the Azure Orbital Cloud Access Devices to Microsoft. Government Customers acknowledge that there are inherent risks in shipping data on and in connection with the Azure Orbital Cloud Access Devices, and that Microsoft will have no liability to government Customer for any damage, theft, or loss occurring to an Azure Orbital Cloud Access Device or any data stored on one, including without limitation in transit.
Terms Unique to the US Federal Government
If any provision of these terms or incorporated by reference herein (a) allows for the automatic renewal of services and/or fees; (b) requires the governing law to be anything other than US Federal law; or (c) otherwise violates applicable Federal law, then, such provision(s) shall not apply. If any provision of these terms, or incorporated by reference herein, contains an indemnification provision, such provision shall not apply as to the United States indemnifying Microsoft or any other party.
Azure for Operators (Previews)
Certain Azure for Operators Products may permit Customer to process Personal Data as part of the Preview. To the extent Customer’s use of an Azure for Operator Product involves processing Personal Data, such use will not be considered a “Preview” under the DPA. Customer must not use the Azure for Operators Products to process other data subject to legal or regulatory compliance requirements.
Microsoft may provide Customer with limited scope, no-cost technical human resources to enable use of an Azure for Operators Product during Preview. These technical resources are subject to the Professional Services Product Terms. Microsoft is not obligated to provide technical resources.
Azure Operator Insights
Customer Data. Customer may, in its sole discretion, elect to share Customer Data with Microsoft and its Affiliates to enable use of Azure Operator Insights. In such event, Customer consents to and permits Microsoft and its Affiliates to, for the duration of Customer’s Preview Subscription: (a) access Customer’s Azure resources; (b) conduct direct human review of the Customer Data by Microsoft and its Affiliate engineers and data scientists for purposes compatible with developing and providing Azure Operator Insights; and (c) transfer, store, and process Personal Data contained in the Customer Data in the United States or any other country in which Microsoft or its Affiliates maintain facilities.
Customer hereby grants to Microsoft and its Affiliates for the duration of Customer’s Preview Subscription a non-exclusive, worldwide, perpetual, irrevocable, royalty free license to Customer Data for Microsoft and its Affiliates to use such Customer Data for purposes compatible with developing and providing Azure Operator Insights.
Azure Machine Learning (Preview Features)
Any third-party models that Microsoft makes available in the Azure Machine Learning Model Registry and/or Model Catalog are deemed to be Non-Microsoft Products subject to the terms for Non-Microsoft Products in the Microsoft Product Terms. Customer’s use of any such third-party models is governed by the third-party license terms provided in connection with the model.
Azure AI Content Safety
Acceptable Use. Azure AI Content Safety can apply tags to text, image, and certain multi-modal content enabling customers to filter and remove harmful content. Transmitting harmful content to Azure AI Content Safety through the intended use of the service will not by itself be considered a violation of the Acceptable Use Policy, which otherwise applies. You agree to use the system only to filter out and not to collect harmful content.
Sample Content. If you choose to provide us with examples of your content (“Sample Content”) to help us tailor the service to your requirements as described in the service documentation, you agree (a) that we will review and use it in accordance with that documentation, and (b) that you will abide by any requirements in that documentation, including the requirement not to include personal, confidential, or commercially sensitive information in Sample Content.
Azure Health Bot with Azure OpenAI (Limited Access Private Preview)
Limited Access Service
The Azure Health Bot with Azure OpenAI is a Limited Access Service in private preview and is subject to the Azure OpenAI-Powered Previews terms herein. The Azure OpenAI Service and the Azure Health Bot with Azure OpenAI require registration, and Microsoft may limit access based on eligibility criteria. The Azure Health Bot with Azure OpenAI is intended for your internal testing and evaluation purposes only and is not intended for external use or use with patients or other end users at this time.
AI tools and technologies, including the Azure Health Bot with Azure OpenAI, can make mistakes and do not always provide accurate or complete information. It is your responsibility to: (1) thoroughly test and evaluate whether its use is fit for purpose, and (2) identify and mitigate any risks or harms to end users associated with its use.
Neither the Azure Health Bot with Azure OpenAI nor Azure OpenAI API are intended, designed, or made available to be: (1) a medical device, or (2) a substitute for professional medical advice, diagnosis, treatment, or judgment and should not be used to replace or as a substitute for professional medical advice, diagnosis, treatment, or judgment. You are solely responsible for displaying and/or obtaining appropriate consents, warnings, disclaimers, and acknowledgements.
Output from the Azure Health Bot with Azure OpenAI does not reflect the opinions of Microsoft. The accuracy and reliability of the information provided by the Azure Health Bot or Azure OpenAI API may vary and are not guaranteed. Microsoft disclaims any liability for any damages resulting from the use or reliance on the information provided by the Azure Health Bot with Azure OpenAI or Azure OpenAI API.
Azure OpenAI-powered Previews
Previews of generative AI features within Azure services are powered by the Azure OpenAI Service (these features, together with the Azure OpenAI Service powering them, are collectively referred to as the “AOAI Previews”). Certain AOAI Previews may also be powered by Bing Search as described in product documentation.
Your responsibilities. You acknowledge that AOAI Previews can cause harm if implemented without appropriate mitigations. You bear the sole risk and responsibility for any use of AOAI Previews, including use by your end users. You agree to configure use of AOAI Previews as appropriate for your own scenario.
Capacity limits. AOAI Previews may be subject to usage limits or capacity throttling as further described in the product documentation. Any such limits or throttling are subject to change in Microsoft’s sole discretion. Microsoft reserves the right to suspend or disable usage that exceeds such limits or throttling.
Product documentation requirements; Acceptable uses. Microsoft provides product documentation regarding appropriate use of the AOAI Previews, which is made available online by Microsoft and updated from time to time, including the Azure OpenAI Transparency Note and other product-specific Transparency Notes. You acknowledge and agree that you have reviewed the product documentation for AOAI Previews and will use the AOAI Previews in accordance with such documentation, including all relevant requirements in the Code of Conduct and mitigations such as consents or disclaimers to your end users, human oversight of Output Content, and safety testing. Microsoft may limit your access to or use of Output Content or the AOAI Previews if Microsoft has a reasonable basis to believe that the Output Content or your use of the AOAI Previews: (i) violates the Acceptable Use Policy for Online Services or the Code of Conduct, or (ii) is inconsistent with requirements in the product documentation, as updated from time to time. “Output Content” means any data or content output to Customer by the AOAI Previews.
Reverse engineering. You may not use the AOAI Previews to discover any underlying components of the models, algorithms, and systems, such as exfiltrating the weights of models.
Extracting data. You may not use web scraping, web harvesting, or web data extraction methods to extract data from the AOAI Previews or from Output Content.
Limit on Your use of service output. You will not use, and will not allow third parties to use, the AOAI Previews or data from the AOAI Previews to create, train, or improve (directly or indirectly) a similar or competing product or service.
Data access and use. As part of providing the AOAI Previews, Microsoft will process and store Customer Data submitted to the service, as well as Output Content, for purposes of monitoring for and preventing abusive or harmful uses or outputs of the service. Authorized Microsoft employees may review data that has triggered our automated systems to investigate and verify potential abuse unless product documentation for a given AOAI Preview explicitly states that such review is not performed.
Data flows. By using AOAI Previews, you agree your data may be stored and processed outside of your tenant’s geographic region, compliance boundary, or national cloud instance.
Intellectual Property Rights. Microsoft does not own your Output Content. You understand and acknowledge that generative AI systems may produce similar responses to similar prompts or queries from multiple customers, and that your rights in Output Content may not be enforceable against other users of the AOAI Previews.
Third Party Claims. You are responsible for responding to any third-party claims regarding your use of the AOAI Previews in compliance with applicable laws (including, but not limited to, copyright infringement or other claims relating to Output Content output during your use of the AOAI Previews).
Bing Search terms. For any AOAI Previews that are also powered by Bing Search as disclosed in the product documentation, your use of Bing Search is governed by the Microsoft Services Agreement and the Microsoft Privacy Statement. You may only use Bing Search within an AOAI Preview for commercial use if you own the materials you are directing Bing to search or you have separately obtained from rights holders all rights necessary to use such materials for commercial use, or if you are allowed to use the materials by applicable copyright law. The Data Protection Addendum does not apply to your use of Bing Search within AOAI Features.
Azure AI Video Indexer Edge (previews)
Azure AI Video Indexer is releasing an on-premises version called Azure AI Video Indexer Edge. The Microsoft Product Terms apply to Customer’s use of the previews, except where additional Preview terms are provided as below.
Limitations And Use Rights
a) General. Customer may install and use any number of copies of the software on Customer devices, solely to develop and test Customer applications. Customer may not use the software in a production environment unless Microsoft permits Customer to do so under another agreement.
b) Registration with Azure Subscription. Customer will register the software with their valid Azure subscription and registration may result in Microsoft metering and invoicing.
a) Period. This agreement is effective on Customer acceptance and terminates on the earlier of (i) 30 days following first availability of a commercial release of the software or (ii) upon termination by Microsoft. Microsoft may extend this agreement in its discretion.
b) Notice. Customer may receive periodic reminder notices of this date through the software.
c) Access to data. Customer may not be able to access data used in the software when it stops running.
a) H.265/HE.VC Video Standard. This product includes H.265/HEVC coding technology. Access Advance LLC requires this notice:
THE H.265/HEVC TECHNOLOGY IN THIS PRODUCT IS COVERED BY ONE OR MORE CLAIMS OF THE HEVC PATENTS LISTED AT https://patentlist.accessadvance.com/.
b) H.264/AVC Video Standard.This product includes AVC coding technology. MPEG LA LLC requires this notice:
This product is licensed under the AVC patent portfolio license for the personal and non-commercial use of a consumer to (i) encode video in compliance with the AVC standard ("AVC VIDEO") and/or (ii) decode AVC VIDEO that was encoded by a consumer engaged in a personal and non-commercial activity and/or was obtained from a video provider licensed to provide AVC VIDEO. No license is granted or shall be implied for any other use. Additional information may be obtained from MPEG LA LLC. See https://www.MPEGLA.COM.
c) VC-1 Video Standard. This product includes VC-1 coding technology. MPEG LA LLC requires this notice:
This product is licensed under the VC-1 Patent Portfolio license for the personal and non-commercial use of a consumer to (i) encode video in compliance with the VC-1 standard ("VC-1 Video") and/or (ii) decode VC-1 video that was encoded by a consumer engaged in a personal and non-commercial activity and/or was obtained from a video provider licensed to provide VC-1 video. No license is granted or shall be implied for any other use. Additional information may be obtained from MPEG LA LLC. See https://www.MPEGLA.COM.
Azure AI Video Indexer Video Redaction (Preview)
Limitations And Use Rights.
a) Not for Production Use. You may not run the software in a production environment unless Microsoft permits you to do so under another agreement.
b) Registration with Azure Subscription. You agree to register the software with a valid Azure subscription.
a) Period. This agreement is effective when you use the software named above and terminates on the earlier of (i) 30 days following first availability of a commercial release of the software or (ii) upon termination by Microsoft.
b) Notice. You may receive periodic reminder notices of this date through the software.
c) Access to data. You may not be able to access data used in the software when it stops running.
a) 264/AVC Video Standard. This product includes AVC coding technology. MPEG LA LLC requires this notice:
This product is licensed under the AVC patent portfolio license for the personal and non-commercial use of a consumer to (i) encode video in compliance with the AVC standard ("AVC VIDEO") and/or (ii) decode AVC VIDEO that was encoded by a consumer engaged in a personal and non-commercial activity and/or was obtained from a video provider licensed to provide AVC VIDEO. No license is granted or shall be implied for any other use. Additional information may be obtained from MPEG LA LLC. See https://www.MPEGLA.COM.
Azure Data Manager for Agriculture (Preview)
Connector to a Provider Service
A connector to a third party’s (“Provider”) software or service (“Provider Service”) enables the transfer of data between Azure Data Manager for Agriculture (“ADMA”) and the Provider Service, and may facilitate the execution of workloads on or with the Provider Service. By providing Credential Information for the Provider Service to Microsoft, Customer is authorizing Microsoft to transfer data between ADMA and the Provider Service, facilitate the execution of a workload on or with the Provider Service, and receive and return associated results. “Credential Information” means data that enables access to a Provider Service to enable the transfer of data from the Provider Service to a Microsoft Online Service, and may include but is not limited to, credentials, assess and/or refresh tokens, keys, secrets and any other required data to authenticate, search, scope and retrieve data from the Provider Service.
Access to Provider Service
Customer acknowledges and agrees that: (i) Customer has an existing agreement with the Provider to use the Provider Service, (ii) Customer is responsible for any associated fees charged by the Provider, (iii) the Provider Service is not maintained, owned or operated by Microsoft and that Microsoft does not control, and is not responsible for the privacy, security, or compliance practices of the Provider, (vi) once enabled, Microsoft may initiate the continued transfer of such data by using the Credential Information Customer provided, and (v) Microsoft will continue transferring such data from the Provider Service until Customer disables the corresponding connector.
Right to use data from Provider Service
Customer represents and warrants that Customer has the right to: (i) transfer data stored or managed by Provider to ADMA, and (ii) process such data in ADMA and any other Microsoft Online Service.
While in preview, Microsoft may collect relevant telemetry information such as the API request path in order to assist debugging issues that may come up. Some of this telemetry data may be stored outside the geographic region where ADMA instance has been provisioned.
Microsoft Fabric (Preview)
OneLake and Workloads
When you enable and/or access Microsoft Fabric, you will get access to OneLake and various data and analytics workloads, features and functionalities including, but not limited to Power BI service, Data Factory, Synapse Data Warehouse, Synapse Data Science, Synapse Data Engineering, Synapse Real-Time Analytics. For clarity, your use of Power BI continues to be subject to Power BI service specific use rights and notices terms provided in your agreement.
Microsoft Fabric provides a shared capacity that enables a set of capacity units powering the compute across Microsoft Fabric workloads, features and functionalities. Capacity units (“CUs”) are units of measure that represent a pool of compute power needed. Compute power is required to run queries, jobs, or tasks.
The CU consumption represents the underlying compute effort needed for the tasks performed during the processing time by the corresponding Microsoft Fabric workload, feature or functionality.
OneLake is a data storage repository built into Microsoft Fabric and provides a centralized location to store all organizational data, if you choose to use it. Power BI continues to provide separate storage capabilities that do not rely on Microsoft Fabric. OneLake storage is provided on a fee basis separate from CUs.
Microsoft may charge you for CU provisioned. CUs may be used across Microsoft Fabric workloads, features or functionalities. Additional CU may be available for purchase as a Fabric capacity or a Power BI Premium capacity. Depending on the path selected to obtain CU, these Microsoft Fabric preview terms and the Azure or the Power BI Premium purchasing requirements listed in your agreement, are applicable to your provisioning of CUs. Your fees are based on the amount of Microsoft Fabric workloads, features or functionalities provisioned during a billing period.
Azure OpenAI Powered Integrations
Previews of Copilot and other generative AI features within Microsoft Fabric workloads, features and functionalities are powered by the Azure OpenAI Service and your use is subject to the separate terms titled Azure Open AI-Powered Previews and provided within these Supplemental Terms for Use of Microsoft Azure Previews. AOAI Previews are experimental and are not intended to be used in production or in a live operating environment unless explicitly designated as a production ready preview in product documentation.
Azure Modeling and Simulation Workbench Preview
These supplemental terms for the Azure Modeling and Simulation Workbench Preview (the “Workbench Preview”) apply to the Workbench Preview subscriber (“Customer”) and their Authorized Users (defined below). Workbench Preview provides Customer the ability to generate one or more secure virtual workspaces for collaboration (each a “Chamber”). For each Chamber, Customer may approve Users from inside and outside their organization to access Customer Data in that Chamber (“Authorized User”). “Customer Data” is defined in Customer or Authorized User’s applicable agreement governing their use of Azure and, for purposes of these Preview terms, includes all items in such definition whether provided by Customers or Authorized Users.
- Customer – not Microsoft – is solely responsible for: (1) selecting Authorized Users, (2) assigning Chambers for Authorized Users, (3) identifying the roles of Authorized Users (i.e., “Administrative Authorized User” or “General Authorized User”), and (4) identifying the appropriate connectivity requirements.
- Customer acknowledges that Authorized Users may access, analyze, contribute to, and modify all Customer Data in the Authorized User’s assigned Chambers. Removal of any Customer Data from a Chamber must be requested by the Administrative Authorized User for that Chamber and approved by the Customer.
- Customer and their Authorized Users are solely responsible for the content and use of the Customer Data they place or modify in a Chamber. Without limiting the foregoing, Customer and Authorized Users will secure and maintain all rights in Customer Data necessary for Microsoft to provide Workbench Preview without violating the rights of any third party or otherwise imposing any additional obligation on Microsoft.
- Customer is responsible for all Azure and Workbench Preview usage charges generated by Authorized Users in the Chambers generated by Customer – Microsoft does not apportion charges or separately bill Authorized Users.
- As a Preview, Workbench Preview may have bugs or otherwise fail to act as intended and, as further set forth in the applicable agreement governing use of Azure, is provided “as is” with all express and implied warranties disclaimed. Accordingly, Workbench Preview is provided for evaluation and testing purposes and is not intended for production use. In addition, with respect to Workbench Preview deployments in the Microsoft Government Community Cloud (GCC), all base security accreditations typically associated with Microsoft GCC offerings are disclaimed entirely, including all DoD Impact Level and FEDRAMP accreditations and related compliance attestations.
- Microsoft does not license commercial engineering software (e.g., electronic design automation “EDA” software) with Workbench Preview. At some point during its public preview, Workbench Preview may enable Customers and their Authorized Users to license from third party providers (each a “Provider”) such commercial engineering software and other tools and assets for use in a Chamber (“Provider Solutions”). All Provider Solutions are provided by the Provider – not Microsoft – under the Providers’ own terms of service and privacy policies. Microsoft is not a party to such additional terms of service and privacy policies. Customers are responsible for any fees charged by Providers to use their Provider Solutions and any breach of Providers’ terms of service by Customer or their Authorized Users.