Azure Reserved VM Instances Terms of Use

Last updated: November 2017

These terms of use are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. It consists of the terms and conditions below and the terms of the Offering for your Reserved VM Instances subscription. Reserved VM Instances are a Marketplace Offering and are licensed separately from your Customer Agreement, however, the Online Services Terms applicable to Microsoft Azure Services are incorporated in these Terms of Use and will be applicable to Reserved VM Instances.

The Terms of Use apply to Reserved VM Instances, as well as any Microsoft software, updates, supplements and support services for Reserved VM Instances, unless other terms accompany those items.

  1. Definitions.
    1. "Customer Agreement" means the agreement under which you have obtained Microsoft Azure services from Microsoft, and any successor to that agreement entered into during the term of your Reserved VM Instances.
    2. "Offering" means the pricing, term, and related details applicable to a Reserved VM Instances offer.
    3. "Reserved VM Instance" means a Reserved VM Instance published by Microsoft and made available in the Azure Marketplace.
  2. Use Rights.
    1. Use within Microsoft Azure. Subject to the terms and conditions of this agreement, Microsoft grants you a right to access and use Reserved VM Instances and to install and use any software provided by Microsoft with the Reserved VM Instances solely for use with the service. Microsoft reserves all other rights.
    2. Third-Party Programs. Reserved VM Instances may include one or more third-party programs. If a third-party program is listed in a separate “ThirdPartyNotices” file provided by Microsoft, the terms set forth in that file will control. Otherwise, your use of such programs will be governed by the terms embedded in or accompanying those programs. In all cases, the disclaimers and limitations on exclusion of damages below also apply.
  3. Customer Agreement Terms. The provisions in your Customer Agreement regarding the following are incorporated into these Terms of Use to the same extent they apply to Microsoft Azure Services: defense of third party claims, assignment, export restrictions, applicable law, and dispute resolution.
  4. Warranty. Reserved VM Instances are provided "as-is." Microsoft gives no express warranties, guarantees or conditions. You may have additional rights or statutory guarantees under your local laws that this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes all implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

    For Australia – You have statutory guarantees under the Australian Consumer Law, and nothing in these terms is intended to affect those rights.

  5. Limitation on and Exclusion of Remedies and Damages. For any claim arising in connection with this agreement, the remedies and limitation of liability applicable to Microsoft Azure Services in your Customer Agreement (including all exclusions and exceptions) will be applicable to Reserved VM Instances. You cannot recover from Microsoft any other damages, including consequential, special, indirect, punitive, incidental, or damages based on any loss of profits, revenue, data, or data use arising from or relating to Reserved VM Instances.