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Supplemental Terms of Use for Microsoft Azure Previews

Last updated: November 2022

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" as detailed in the Universal License Terms for Online Services section of the Microsoft Product Terms and the Microsoft Products and Services Data Protection Addendum ("DPA").

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).

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)

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 Cognitive Services and Applied AI Services in the Microsoft Product Terms apply to your access to and use of that preview version or feature.

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 terms, as well as the terms for Services in Containers in the Service Specific Terms for Microsoft Azure Cognitive Services and Applied 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.

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, 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).

Cognitive Services and Applied AI Services, Embedded Speech Hybrid Offer (Limited Access Preview)

Limited Access

The Embedded Speech Hybrid Offer is subject to the Limited Access Services terms for Azure Cognitive Services and Applied 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 Cognitive 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.

License Conditions

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 Cognitive Services Speech services 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 Cognitive Services Speech services running in Azure must be the primary source of Azure Cognitive Services Speech functionality on Customer’s Company Devices, and Embedded Speech Components may only be used to provide Azure Cognitive Services Speech functionality on an incidental basis when Company Devices have no online connectivity.
  • Customer must review its usage of Azure Cognitive Services Speech services 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 Cognitive Services Speech services 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. 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 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 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.

Microsoft Dev Box (Preview)

Microsoft Dev Box Data Handling Dev Box integrates Customer Data from other Online Services, including Azure Active Directory, Microsoft Intune, Azure Virtual Desktop, Windows 365, and other Online Services as configured by Customer, if any (collectively “Dev Box Input Services”). Once Customer Data from Dev Box Input Services is integrated into Dev Box, only the Universal License Terms for all Online Services and the DPA provisions applicable to Dev Box apply to that data.

Azure Orbital Cloud Access

Definitions

"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:

  1. 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.
  2. 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.
  3. 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.
  4. 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.

Non-Microsoft Products

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 aoca@microsoft.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.

Fees

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 aoca@microsoft.com 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.

Government Customers

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.