Last updated: March 2021
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 Online Services Terms, 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.
- 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.
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
- 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.
- 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.
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.
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:
- 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.
- 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.
- 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.
Permitted and Prohibited Uses of Azure Maps Content
"Azure Maps Elevation API" means the APIs identified at https://docs.microsoft.com/en-us/rest/api/maps/elevation.
"Elevation Results" means as any information from the Azure Maps Elevation API or elevation tiles from Azure Maps Render API.
"Derivative Work" means any derivative product or information developed from either Elevation Results, which does not contain any height information from the Elevation Results and is irreversible and uncoupled from the source data of the Azure Maps Elevation API, or from Imagery Content, and is irreversible and uncoupled from the source imagery data. Notwithstanding the foregoing, by express exception, any Digital Elevation Model or Digital Terrain Model (in any form whatsoever) derived from GA Imagery and Render Imagery shall not be considered a Derivative Work.
"VAP" means any value-added product developed by a Customer that contains either Imagery data or elevation maps from Microsoft content, and results in a significant modification of Microsoft content through technical manipulations and/or addition of other data. Notwithstanding the foregoing, by express exception, any Elevation Model or Digital Terrain Model derived from Microsoft content will always be considered as a VAP.
Customer may not use Azure Maps to enable turn-by-turn navigation functionality in any application.
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.
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.
Customer may not display any Results on any third-party content or geographical map database.
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 Attachment 1.
Customer will ensure that all of its end users use the services described in this section pursuant to a valid and current subscription.
License to Elevation Results
Under the terms and conditions below, Microsoft grants to Customer a non-exclusive, non-transferable, worldwide, revocable license to:
- (a) Use the Elevation Results for internal business or personal use and not for resale, distribution, sublicense or commercial use;
- (b) Create Derivative Works from Elevation Results and to freely use and distribute such Derivative Works; and
- (c) Cache and store the Elevation Results, where the purpose of caching is to reduce latency times of Customer's application, when using the Azure Maps Elevation APIs provided that the temporary cache is cleared after a session (logging out of the app); and
- (d) Use VAP layers through Microsoft's Azure Maps services for visualization over third party content. Customer is permitted to retrieve VAP layers and render them within Microsoft's Azure Maps environment.
Except to the extent that the applicable law prohibits or overrides these restrictions, Customer shall not be permitted:
- (a) to allow any end user to cache or store Elevation Results for the purpose of scaling such Elevation Results to serve multiple users, or to circumvent any functionality in Azure Maps;
- (b) to allow end users to disassemble, decompile or reverse engineer the Elevation Results made available by the Azure Maps Elevation APIs;
- (c) to use Elevation Results in the context of competitive analysis of other data e.g. for benchmarking for commercial purposes;
- (d) to use VAP layers or display of any Elevation Result to perform quantified analysis or derivation of the VAP or Elevation Result; or
- (e) to do anything not expressly permitted under the permitted uses section above.
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.
Customer may not remove, obscure, mask or change any logo and/or copyright notice placed on or automatically generated by Azure Maps.
Azure Stack HCI
Use Rights and Conditions for Use
Customer may use the Azure Stack HCI software only (i) on servers dedicated to Customer’s internal use and (ii) as an operating system to host, manage, and service validly licensed virtual machines running validly licensed applications. Any dedicated server 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 Product Terms. Customer may use the Azure Stack HCI software as long as it is (i) registered with Customer’s valid Azure subscription in order to enable additional Azure Stack HCI functionality and to meter and invoice Customer and (ii) connected to Customer’s Azure subscription over the Internet at least once every thirty (30) consecutive calendar days.
Customer may not (i) work around any mandatory registration or sign up process for Azure Stack HCI or (ii) run any applications, operating system roles, and/or other workloads directly on the Azure Stack HCI software except for (A) utilities and operating system roles and (B) virtualized machines running Azure Stack HCI, both (A) and (B) as necessary to enable Azure Stack HCI to host, manage, and service validly licensed virtual machines running validly licensed applications.
No Hosting Exception
The Hosting Exception in the OST does not apply to Azure Stack HCI.
Any customer support for Azure Stack HCI that may be available from Microsoft requires that Azure Stack HCI runs on server hardware pre-validated by Microsoft under the Azure Stack HCI Hardware Validation Program or any successor.
Cognitive Services in Containers (Previews)
Because Customers control the deployment environment for containers, Customers are not prohibited from using preview versions of Cognitive 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 Cognitive Services in containers. Customer remains responsible for determining whether any preview version of a Cognitive 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.
Limited Access Cognitive Services (Preview)
Access to certain Cognitive 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 Cognitive Services for the approved uses specified in your registration form and/or approved in your Enrollment or agreement. Microsoft reserves the right to re-verify compliance with the approved uses at any time and suspend access to these limited access services. To apply for and use Cognitive Services, you must provide current, complete, and accurate information in the registration form and any re-verification requests from Microsoft.
Cognitive 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.
- 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.
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)
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.
Your use of the PSTN calling and SMS services available through Azure Communications Services is subject to the following terms, conditions, and restrictions. In the event of a conflict between these supplemental terms and any other applicable terms, these terms shall prevail.
- Service Provider – PSTN calling and SMS services are provided in the United States and Canada by Skype Communications US Corporation, a subsidiary of Microsoft.
- No Emergency Calling – Azure Communication Services is not required to offer access to emergency services under any applicable regulations or law. These services do not support emergency calls to any law enforcement agencies, medical care units or other emergency services personnel or public safety answering points.
- Portability – Azure Communication Services does not support porting telephone numbers into or out from your account.
- US Customers Only – Telephone numbers, PSTN calling and SMS services are available to customers located in the United States only. Customers in other locations cannot purchase and use these outbound services until a later date.
- CCIA Messaging Guidelines – All use of your SMS services, whether by you or your end users, must be consistent with the goals of the CTIA Messaging Principles and Best Practices (dated as of July 2019, as amended) and applicable guidelines issued by receiving wireless carriers and/or other services providers, as communicated by Microsoft to you.
- Premium Rate Numbers – Calling and SMS messaging to premium rate numbers is not supported or permitted.
- Numbers – You do not own the telephone numbers issued to your account by Microsoft during this preview. If phone number(s) you have acquired have not been activated or there is no usage of the number(s) for an extended period of time consisting of no fewer than 90 days, Microsoft may at its sole discretion and, after providing notice to you, reclaim the unused number(s).
- Taxes – PSTN calling and SMS services are provided on a tax-inclusive basis.
- Platform Service – Azure Communication Services provides a platform service for placing and receiving PSTN calls and SMS. You agree that all actions necessary to place calls and SMS messages are taken by you and you are fully responsible for the content, recipients, volume and timing of your, and your end users’, communications. Microsoft does not initiate any calls or SMS messages on its customers’ behalf. Microsoft will not exert any control over whether, when or to whom to send calls or SMS messages or the content of such communications.
- Fraud Protection – By purchasing these services, you opt into Microsoft’s fraud protection for inbound and outbound calls from sources or telephone numbers that Microsoft has reason to believe are fraudulent in nature, and acknowledge the risk that this protection may result in inadvertently blocking some desired calls.
- Compliance with Telemarketing Rules – You and your end users must comply with all applicable rules, regulations and laws governing telemarketing and robocalling practices, including the federal Telephone Consumer Protection Act of 1991 (the "TCPA") and the U.S. Federal Trade Commission’s Telemarketing Sales Rule. You understand and agree that you are solely responsible for complying with these law and rules and any other applicable laws and regulations.
- Consent – You represent and warrant that the recipients of your outbound calls and SMS have provided prior express consent or opted-in to receive such communications, if required by any applicable law. For outbound marketing calls or SMS, you warrant that you have obtained the prior express written consent of the receiving party, if required by any applicable law. You further agree that, should you resell the services, you will expressly require the same of your customers.
- Privacy - With respect to any personal data subject to the European Union General Data Protection Regulation (GDPR) and that is processed in connection with PSTN communications provided through Azure Communication Services, you understand and agree that you and Microsoft are independent data controllers under the GDPR. You are independently responsible for your compliance with the GDPR.
Defense of Claims
You agree to defend, hold harmless, and indemnify Microsoft and its directors, officers, employees, affiliates, and agents from and against any and all demands, assertions, and legal proceedings brought by any third party (and all resulting judgments, settlements and expenses (including reasonable attorneys’ fees and costs)) arising from a material breach of these terms by you or your subcontractors, agents, employees, or customers. This includes, without limitation, breach of the obligation to comply with applicable telemarking laws and the TCPA.
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.
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.
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.
Any support for AKS is provided “as is”, “with all faults”, and without warranty of any kind.
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® (Previews)
Because Customers control the deployment of the Azure API for FHIR previews listed below (collectively, "Azure API for FHIR Previews,") Customers are not prohibited from using such Azure API for FHIR Previews 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 Previews.
- – Azure IoT Connector for FHIR
- – FHIR Converter
- – De-identified export
Customer remains responsible: (i) for determining whether the Azure API for FHIR Previews 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 Previews are in a manner consistent with Customer's legal and regulatory obligations.
Results derived from the use of Azure API for FHIR Previews, 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 Previews to determine the acceptability of Customer's use cases and compliance needs. Outputs from the Azure API for FHIR Previews are not guaranteed to meet any specific legal, regulatory, or compliance requirements.
FHIR® is the registered trademark of HL7 and is used with the permission of HL7.
Azure Purview (Preview)
Purview Data Retention and Deletion in Public Preview
The Data Transfer and Location section in the Microsoft Online Services Data Protection Addendum does not apply to the Azure Purview Public Preview.
The Data Retention and Deletion Section in the Microsoft Online Services Data Protection Addendum does not apply to the Azure Purview Public Preview. Instead, the following terms apply:
- At all times during the term of Customer's subscription, Customer will have the ability to access, extract and delete Customer Data stored in Azure Purview.
- Immediately after expiration or termination of Customer's Azure Purview subscription, Microsoft may disable Customer's account and delete the Customer Data and personal Data stored in Azure Purview, such that Customer will not be able to extract the data. At Microsoft's option, Microsoft may retain the Customer Data and personal Data after expiration or termination of Customer's Azure Purview subscription for up to 180 days after such expiration or termination, unless Microsoft is permitted or required by applicable ale, or authorized under the DPA, to retain such data for longer.
- Azure Purview may not support retention or extraction of software provided by the Customer/ Microsoft has no liability for the deletion of Customer Data or personal data pursuant to these terms.