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Supplemental Terms of Use for Microsoft Azure Previews

Last updated: April 2022

Azure may include preview, beta, or other pre-release features, services, software, or regions offered by Microsoft ("Previews"). Previews are licensed to you as part of your agreement governing use of Azure.

Pursuant to the terms of your Azure subscription, PREVIEWS ARE PROVIDED "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE," AND ARE EXCLUDED FROM THE SERVICE LEVEL AGREEMENTS AND LIMITED WARRANTY. Previews may not be covered by customer support. Previews may be subject to reduced or different security, compliance and privacy commitments, as further explained in the Microsoft Privacy Statement, Microsoft Azure Trust Center, the Product Terms, the DPA, and any additional notices provided with the Preview. The following terms in the DPA do not apply to Previews: Processing of Personal Data; GDPR, Data Security, and HIPAA Business Associate. Customers should not use Previews to process Personal Data or other data that is subject to heightened legal or regulatory requirements.

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. We may change or discontinue Previews at any time without notice. We also may choose not to release a Preview into "General Availability".

Bing URL Preview API (Private Preview) use and display requirements

You must only use the data from the Bing URL Preview API to display preview snippets and thumbnail images hyperlinked to their source sites, in end user-initiated URL sharing on social media, chat bot, or similar offerings or (ii) as a signal of the likelihood that content at the URL is adult material. You must honor any requests to disable previews that you may receive from website or content owners.

Do not:

  • Send any personal data (as defined in the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to processing of personal data and the free movement of that data ("GDPR")) to the Bing URL Preview API.
  • Copy, store, or cache any data from responses.
  • Use data received from the Bing URL Preview API as part of any machine learning or similar algorithmic activity. Do not use this data to train, evaluate, or improve new or existing services that you or third parties might offer.
  • Modify the content of results (other than to reformat them in a way that does not violate any other requirement), unless required by law or agreed to by Microsoft.
  • Omit attribution and URLs associated with result content.
  • Display other content within any part of a response in a way that would lead a user to believe that the other content is part of the response.

Use of Bing Service Data

Microsoft may process data that are provided to Microsoft through use of the Bing URL Preview API ("Bing Service Data") solely to: provide the Bing URL Preview API service to you; and (ii) improve Microsoft products and services. Solely for such processing, Microsoft may collect, retain, use, reproduce, and create derivative works of, Bing Service Data and you grant Microsoft a limited nonexclusive irrevocable worldwide license to do so. You must secure and maintain all rights necessary for Microsoft to process Bing Service Data as described in this paragraph without violating the rights of any third party or otherwise obligating Microsoft to you or to any third party. You are solely responsible for the content of all Bing Service Data. This Use of Bing Service Data section will survive termination or expiration of any agreement related to your use of the Bing URL Preview API.

GDPR compliance

With respect to any personal data subject to the GDPR that is sent to Microsoft in violation of these use and display requirements and that is processed in connection with the Bing URL Preview API, you understand that you and Microsoft are independent data controllers under the GDPR. You are independently responsible for your compliance with the GDPR.

Bing Custom Visual Search API (Private Preview) use and display requirements

Do not:

  • Copy, store, or cache any data you receive from the Bing Custom Visual Search API.
  • Use data you receive from the Bing Custom Visual Search API as part of any machine learning or similar algorithmic activity. Do not use this data to train, evaluate, or improve new or existing services that you or third parties might offer.

Do:

  • Prominently include a functional hyperlink to the Microsoft Privacy Statement, near each point in the user experience (UX) that offers a user the ability to input a search query. Label the hyperlink Microsoft Privacy Statement.
  • Prominently display Microsoft branding, consistent with the Microsoft Trademark & Brand Guidelines, near each point in the UX that offers a user the ability to input a search query. Such branding must clearly denote to the user that Microsoft is powering the internet search experience.
  • Make sure displayed content includes measures appropriate to ensure your use of data received from the Bing Custom Visual Search API does not violate any applicable laws or third-party rights.

Use of Bing Service Data

Microsoft may process data that are provided to Microsoft through use of the Custom Visual Search API ("Bing Service Data") solely to: provide Custom Visual Search service to you; and (ii) improve Microsoft products and services. Solely for such processing, Microsoft may collect, retain, use, reproduce, and create derivative works of, Bing Service Data and you grant Microsoft a limited nonexclusive irrevocable worldwide license to do so. You must secure and maintain all rights necessary for Microsoft to process Bing Service Data as described in this paragraph without violating the rights of any third party or otherwise obligating Microsoft to you or to any third party. You are solely responsible for the content of all Bing Service Data. This Use of Bing Service Data section will survive termination or expiration of any agreement related to your use of the Custom Visual Search API.

GDPR compliance

With respect to any personal data subject to the European Union General Data Protection Regulation (GDPR) and that is processed in connection with calls to the Bing Custom Visual Search API, you understand that you and Microsoft are independent data controllers under the GDPR. You are independently responsible for your compliance with the GDPR.

Personalizer microservice

The Personalizer microservice launched in a container sends Customer Data to the Personalizer service instance configured by Customer in Azure to train the Personalizer models that are used in both the Personalizer microservice and Personalizer. By using the software, Customer consents to the transmission of the information described in this section. In all other respects, the Personalizer microservice is licensed on the same basis as Cognitive Services in Containers.

Azure Active Directory preview programs

Azure Active Directory provides updates and new features in the form of preview programs. Microsoft rolls out previews in phases to give Microsoft and customers the opportunity to evaluate and understand the new feature before it becomes part of the standard service of Azure AD. The phases are as follows:

  1. Private preview – During this phase we invite a few customers to take part in early access to new concepts and features. This phase does not include formal support.
  2. Public preview – During this phase we allow any customer with the proper Azure AD license to evaluate the new feature. Microsoft Customer Support Services will supply support services during this phase, but normal service level agreements do not apply. For new features exposed in the Azure AD Portal, customer can expect to see information banners in the user interface that draw attention to the new experience available during the preview. By clicking on the information banner customers then opt-in to the preview experience.
  3. Generally available (GA) – After the public preview is completed, the feature is open for any licensed customer to use and is supported via all Microsoft support channels. Be aware when a new feature impacts existing functionality, it might change the way you or your users use the functionality.

Every Azure Active Directory preview program has different opt-in requirements and dependencies.

Azure Maps (Preview)

Permitted and Prohibited Uses of Azure Maps Content

Navigation restrictions

Customer may not use Azure Maps to enable turn-by-turn navigation functionality in any application.

Database restrictions

Customer may not use Azure Maps or any part thereof to create a competing database or service, or a derived database populated wholly or partially with Customer's data and/or data supplied or created by any third party.

Customer will not use the data delivered by the Azure Maps in combination with any other third-party database, except that Customer may layer onto the data of a type not already included within the Service (such as your proprietary content) or of which Microsoft otherwise licenses.

API Results

Customer may not cache or store information delivered by the Azure Maps API including but not limited to geocodes and reverse geocodes, map data tiles and route information (the "Results") for the purpose of scaling such Results to serve multiple users, or to circumvent any functionality in Azure Maps.

Caching and storing Results is permitted where the purpose of caching is to reduce latency times of Customer's application. Results may not be stored for longer than: (i) the validity period indicated in returned headers; or (ii) 6 months, whichever is the shortest. Notwithstanding the foregoing, Customer may retain continual access to geocodes as long as Customer maintains an active Azure account.

Customer may not display any Results, except geocodes and/or Azure Maps Weather service results, solely as described in these Terms, on any third-party content or geographical map database.

Search API

Microsoft may submit requests sent to Azure Maps to the Bing Maps API for processing. All data sent to the Bing Maps API will be subject to the Bing Maps terms in the Notices section. With respect to any personal data subject to the GDPR that is sent to Microsoft and that is processed in connection with the Bing Maps API, you understand that you and Microsoft are independent data controllers under the GDPR. You are independently responsible for your compliance with the GDPR.

Map Data

Use of content displaying the TomTom copyright notice must be in accordance with restrictions set forth in the TomTom Licensing Third Party Product Terms and EULA (https://www.tomtom.com/en_GB/thirdpartyproductterms/). Azure Maps uses Bing Imagery which subject to the Bing Maps Notice in the Notices section.

Customer will ensure that all of its end users use the services described in this section pursuant to a valid and current subscription.

User region parameter

User region parameter in Azure Maps must be used in compliance with applicable laws, including those regarding mapping, of the country where maps, images and other data and third party content that Customer is authorized to access via Azure Maps is made available.

No warranty for accuracy

Microsoft and its suppliers make no warranty that the maps, images, data or any content delivered by Azure Maps will be accurate or complete.

Copyright

Customer may not remove, obscure, mask or change any logo and/or copyright notice placed on or automatically generated by Azure Maps.

Limited Access Cognitive Services and Applied AI Services (Previews)

Access to certain Services are subject to Microsoft's sole discretion based on eligibility and use criteria ("limited access services"), which Microsoft may change at any time in its sole discretion. Customer agrees that it will only use the Services for the approved uses specified in its registration form and/or approved in its Enrollment or agreement. Microsoft may require Customer to re-verify compliance with the approved uses at any time and suspend access to these limited access services. Customer shall respond to requests for re-verification from Microsoft within ten business days of receiving a request (requests may be provided via self- certification Azure tools). If Microsoft needs additional information to assure compliance with these terms, Customer will reasonably cooperate with Microsoft to provide such information within 30 business days of request. To apply for access and use of limited access services, Customer must provide current, complete, and accurate information in the registration form and any re-verification requests from Microsoft.

Cognitive Services and Applied 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 (and other applicable) terms apply to Customer's use of preview versions of Services in containers. 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.

Containers are subject to the Use of Software with the Online Service clause in the Universal License Terms for Online Services. 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.

Cognitive Services, Spatial Analysis Container

  1. 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.
  2. 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.

Cognitive Services and Applied AI Services, Disconnected Containers (a limited access service preview)

Except as modified herein, the Cognitive Services and Applied AI Services product terms apply to Disconnected Containers.

Services features in Disconnected Containers are intended for use with no online connectivity to an Azure billing endpoint. Disconnected Containers have limited capacity workloads and are measured in units. Customers may only install and use the number of Disconnected Container units necessary to meet the Customer's committed service usage on a monthly basis licensed with its subscription. Customer is responsible for licensing the sufficient numbers of Disconnected Container units to meet Customer's actual service usage. Disconnected Container units are time sensitive, and Customer is required to activate and reactivate those in use on a 12 month period in order to keep the Disconnected Container operating. Customer will not be able to access data or service output if it fails to reactivate the Disconnected Container.

Customers may only install and use the licensed Disconnected Container units (1) on Customer's hardware devices that are dedicated to Customer's exclusive use, and (2) in Customer's Microsoft Azure Service accounts. Any dedicated hardware that is under the management or control of an entity other than Customer or one of its Affiliates is subject to the Outsourcing Software Management clause of the Universal License Terms for All Software.

Cognitive Services and Applied AI Services, Azure OpenAI Service Preview (Limited Access)

Limited Access Service. The Azure OpenAI Service Preview is a Limited Access Service preview subject to the Limited Access Services terms for Azure Cognitive Services and Applied AI Services in the Product Terms for Online Services.

Use Limitations.

  • Microsoft may limit Customer's access to or use of Output Content or the Azure OpenAI Service if Microsoft has a reasonable basis to believe that the Output Content or Customer's use of the Azure OpenAI Service (i) violates the Acceptable Use Policy for Online Services; (ii) is inconsistent with the information submitted in connection with Customer's registration to use the Azure OpenAI Limited Access preview service, or (iii) is inconsistent with requirements in the product documentation for the Azure OpenAI Service, as updated from time to time. "Output Content" means any data or content output by the Azure OpenAI Service.
  • Customer may not use the Azure OpenAI Service to discover any underlying components of the models, algorithms, and systems, such as exfiltrating the weights of models.
  • Customer may not use web scraping, web harvesting, or web data extraction methods to extract data from the Azure OpenAI Service or from Output Content.

Data Access and Use. As part of providing the Azure OpenAI service, Microsoft will process and store Customer Data submitted to the service, as well as Output Content, for purposes of (1) monitoring for and preventing abusive or harmful uses or outputs of the service; and (2) developing, testing, and improving capabilities designed to prevent abusive use of and/or harmful outputs from the service. Authorized Microsoft employees may review data that has triggered our automated systems to investigate and verify potential abuse. Microsoft engineers and data scientists may also access and use this data to improve our systems that monitor for and prevent abusive or harmful uses or outputs of the service. In both cases, for customers who have deployed Azure OpenAI service in the European Union, the authorized Microsoft employees will be located in the European Union. See the Azure OpenAI product documentation for more information.

Third Party Claims. Customer is responsible for responding to any third-party claims regarding Customer's use of the Azure OpenAI Service preview in compliance with applicable laws (including, but not limited to, copyright infringement or other claims relating to Output Content output during Customer's use of the service).

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. Microsoft rolls out previews in phases to give Microsoft and customers the opportunity to evaluate and understand the new feature before it becomes part of the standard Azure Communication Services. The phases are as follows:

  1. Private preview – During this phase we invite a few customers to take part in early access to new concepts and features. This phase does not include formal support.
  2. Public preview – During this phase we allow any customer with the proper Azure Communication Services license to evaluate the new feature. Microsoft will supply support services during this phase, but normal service level agreements do not apply. Public preview features are identified 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.
  3. Generally available (GA) – After the public preview is completed, the feature is open for any licensed customer to use and is supported via all Microsoft support channels. 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.

Pricing

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.

Feedback

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.

Call Recording

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.

Azure Kubernetes Service on Azure Stack HCI

Azure Kubernetes Service Runtime on Windows Server

Use Rights and Conditions for Use

Customer may use Azure Kubernetes Service on Azure Stack HCI (AKS on HCI) and Azure Kubernetes Service Runtime on Windows Server (AKS on WS) (collectively, AKS) only (i) on Azure Stack HCI (with respect to AKS on HCI) or Windows Server (with respect to AKS on WS) running on servers dedicated to Customer’s internal use, and (ii) to host, manage, and service validly licensed containers running validly licensed applications.

Customer may use AKS as long as it is registered with Customer’s valid Azure subscription in order to enable additional AKS functionality and to meter and invoice Customer.

Included Microsoft Applications. AKS may include other Microsoft applications. These license terms apply to those included applications, if any, unless other license terms are provided with the other Microsoft applications.

Third Party Software. AKS may include third party components with separate legal notices or governed by other agreements, as may be described in the ThirdPartyNotices file(s) accompanying AKS or within AKS itself.

License Restrictions

Customer may not work around any mandatory registration or sign up process for AKS.

No Hosting Exception

The Hosting Exception in the OST does not apply to AKS.

Customer Support

Any support for AKS is provided “as is”, “with all faults”, and without warranty of any kind.

Updates

AKS may automatically download and install updates for you. You agree to receive these automatic updates without any additional notice. Updates may not include all existing software features, services, or peripheral devices.

Azure API for FHIR® (Preview)

The Azure API for FHIR Preview includes certain pre-release APIs, including related pre-release versions of tools, software and services intended to be incorporated into Azure API for FHIR. Because Customers control the deployment of the Azure API for FHIR Preview, Customers are not prohibited from using such Azure API for FHIR Preview 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 Azure API for FHIR Preview.

Customer remains responsible: (i) for determining whether the Azure API for FHIR Preview are appropriate for processing data that is subject to any specific law or regulation; and (ii) for ensuring the use of the Azure API for FHIR Preview are in a manner consistent with Customer's legal and regulatory obligations.

Results derived from the use of Azure API for FHIR Preview, including but not limited to de-identified export and FHIR Converter will vary based on factors such as data inputted, and functions selected by Customer. Microsoft is unable to evaluate the outputs of Azure API for FHIR Preview to determine the acceptability of Customer's use cases and compliance needs. Outputs from the Azure API for FHIR Preview are not guaranteed to meet any specific legal, regulatory, or compliance requirements.

Medical Device Disclaimer

Customer acknowledges that the Azure API for FHIR 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 Azure API for FHIR Preview.

FHIR® is the registered trademark of HL7 and is used with the permission of HL7.

Azure Healthcare APIs (Preview)

The Azure Healthcare APIs Preview includes certain pre-release Azure Healthcare APIs, including related pre-release versions of tools, software and services intended to be incorporated into the Azure Healthcare APIs. Because Customers control the deployment of the Azure Healthcare APIs Preview, Customers are not prohibited from using the Azure Healthcare APIs Preview 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 Azure Healthcare APIs Preview.

Customer remains responsible: (i) for determining whether the Azure Healthcare APIs Preview is appropriate for processing data that is subject to any specific law or regulation; and (ii) for ensuring the use of the Azure Healthcare APIs Preview is in a manner consistent with Customer's legal and regulatory obligations.

Results derived from the use of the Azure Healthcare APIs Preview, including but not limited to de-identified export and FHIR® Converter will vary based on factors such as data inputted, and functions selected by Customer. Microsoft is unable to evaluate the outputs of the Azure Healthcare APIs Preview to determine the acceptability of Customer's use cases and compliance needs. Outputs from the Azure Healthcare APIs Preview is 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 Azure Healthcare APIs Preview.

FHIR® is the registered trademark of HL7 and is used with the permission of HL7.

Microsoft Defender for IoT

Enterprise IoT, a new feature of Azure Defender for IoT, is currently in PREVIEW. For customers who are also active Microsoft 365 Defender (Microsoft Defender for Endpoint) customers, Enterprise 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 Enterprise 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, 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

Synapse Analytics database templates (Preview) use rights

"Database templates" means industry specific data models and schematics, or portions thereof, that Microsoft provides to Customer.

"Materials" means Database templates and related materials, tools, features and services Microsoft provided under these preview terms to Customer.

Use Rights

Customer may access Database templates and use any Materials provided by Microsoft to Customer solely for Customer's internal business purposes and only for running on Microsoft Azure Synapse Analytics. Microsoft will determine the components, features and/or functions to be included in the Materials, and may modify, suspend, or terminate access to any or all components, features and/or functions of the Materials, at any time, in its discretion.

License Restrictions

Customer will not (and will not attempt to): (1) reverse engineer or work around any technical limitations in the Materials or restrictions or limitations in any documentation associated with the Materials; (2) use the Materials in any way that is against the law or to create or propagate malware or other malicious code or software; (3) share, publish, distribute, transfer, or lend the Materials to any third party (except to its contractors in accordance with these preview terms), or otherwise provide any Materials as a stand-alone hosted solution for others to use; (4) remove, minimize, block, or modify any notices of Microsoft or its suppliers in the Materials; or (5) otherwise use the Materials for any purpose not expressly permitted in these preview terms.

Azure Compute Gallery – Community Galleries

Community Galleries Images. The “Community Galleries” feature is a new capability in Azure Compute Galleries (“ACG”) which enables an Azure subscription owner or delegate to make Community Galleries within their Azure subscription, and resources in those Community Galleries, accessible to any Azure customer as a new resource type. Azure customers can then access and deploy those resources which may include, but are not limited to, Azure Virtual Machine images containing, for example, an operating system and software or applications published to the Community Galleries (each an ”Image”) to create Azure Virtual Machines within their own Azure subscription.

Image Terms of Use. Your deployment and use of any Image published to a Community Gallery is governed by separate terms of use provided by the publisher of the Image which may be provided at the Community Gallery level (the “Image Terms of Use”). The publisher of the Image is solely responsible and liable for the Image including delivery and support. Except for Images Microsoft publishes, Microsoft is not a party to and is not bound by any separate terms applicable to any Image Terms of Use nor is Microsoft obligated to provide any support for Images.

Image Publishing Requirements. Each Image that you make available to Azure customers via a Community Gallery must meet the following requirements:

(a) General Requirements. The Image must comply with this Agreement 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.

(b) Third-Party Rights. Your Image and the Image name, trademarks, logos, icons, descriptions, titles, trade dress or other metadata you provide to Microsoft in connection with your Image (collectively “Image Assets”) must not infringe or misappropriate any intellectual property or personal right of any third party. If any portion of your Image’s 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.

(c) Image Terms of Use and Privacy Statement. You are responsible for providing Image Terms of Use and privacy statement(s) for each Community Gallery you create and share. The Image Terms of Use and privacy statement you include when you create a Community Gallery shall be applicable to each Image you publish to a Community Gallery unless you specify different Image Terms of Use when you publish an Image to a Community Gallery.

(d) Local Law and Privacy Compliance. Your Image, including the Image Terms of Use and privacy statement, and your marketing of the Image must comply with the applicable laws of each territory or country in which you elect to make the Image and Image Assets available. This includes but is not limited to Data Protection Law relating to collection and use of Personal Data, and export control laws.

(e) Disclosures and notices for Images. If you are required to make any disclosures to users prior to download of the Image, you must provide those in the Image description field (unless they are provided elsewhere in a Community Galleries description page). The Community Galleries Image description pages may include your full contact information. You must disclose to Microsoft any controlled technology employed, used or supported by your Image 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 Community Galleries or any services or tools made available for the development of an Image for, or to permit others to carry out, any illegal activity or breach of contract.

Removal Policies. Microsoft may remove or suspend the availability of a Community Gallery or any Image published to a Community Gallery for any reason. Reasons may include but are not limited to: (i) your breach of the terms of the Agreement (including associated documentation); (ii) termination of the Preview or these Preview Terms, (ii) termination of the license grants associated with an Image; (iii) an assertion or claim that your Image infringes the intellectual property rights of a third party; (iv) complaint(s) about the content or quality of your Image; or (v) your actual or potential violation of any applicable federal or state advertising or pricing law, regulation, or regulatory guideline.