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Microsoft Azure Basic Support Pilot Agreement

This Microsoft Azure Basic Support Pilot Agreement (“this Agreement”) is between you, or the entity you represent if the participating customer in this Pilot is an entity, (“you”, “your”, or “customer”) and Microsoft Corporation (“we”, “us”, “our”, or “Microsoft”).

Microsoft is conducting the Microsoft Azure Basic Support pilot program for research purposes (“Pilot”). The Pilot provides participating customers an opportunity to preview certain technical support services offered by Microsoft and offers a channel to provide feedback to us on your support experiences. The support services are made available to you on the condition that you agree to this Microsoft Azure Basic Support Pilot Agreement, which supplements your agreement governing use of Microsoft Azure (“Azure”). This Agreement must be accepted in order to participate in the Pilot and to activate Azure Basic Support.

  1. DEFINITIONS. In this Agreement, the following definitions apply:

    “Fixes” means Product fixes, modifications or enhancements, or their derivatives, that Microsoft either releases generally (such as service packs), or that Microsoft provides to customer when performing the Support Services to address a specific issue.

    “Incident” means a single support issue and the reasonable efforts needed to resolve it. A single support issue is a problem that cannot be broken down into subordinate problems. If a problem consists of subordinate problems, each subordinate problem shall be considered a separate incident.

    “Pre-Existing Work” means any computer code or non-code based written materials developed or otherwise obtained by or for the parties or their Affiliates independent of this Agreement and customer’s volume licensing agreement.

    "Sample Code" means software code provided by Microsoft for the purposes of illustration.

    “Support Services” means all support, other services or advice, including any resulting deliverables provided to customer under this Agreement.

  2. TERM. This Agreement will commence on the day you accept the terms of this Agreement using the Azure Preview Portal (the “Effective Date”) and will expire on December 31, 2017 (the “Expiration Date”). Customer acknowledges that Microsoft may change the Pilot or terminate customer’s participation at any time, for any reason or no reason, upon written notice pursuant to the terms of this Agreement. Support Services for any Incidents submitted during the Term will be completed in accordance with this Agreement. If customer requires support not included in the Pilot, or after participation in the Pilot ends, customer may purchase a generally available Microsoft Azure support plan.
  3. SUPPORT SERVICES DESCRIPTION. The Support Services available under this Pilot consist of technical support services for certain types of incidents. Support Services only include support for incidents submitted under your Azure Basic Support Plan via the Azure Preview Portal during the Pilot. Support Services may include troubleshooting, advice, recommendations, information, and technical or platform guidance related to customer’s use of Azure. Microsoft agrees to provide the Support Services described in this Agreement to customer to help resolve problems that customer may encounter with the use or functionality of Azure, but Microsoft makes no guarantee of problem resolution. The Support Services do not include on-site support and support requests submitted by phone are excluded from this Pilot.
  4. PREREQUISITES AND ASSUMPTIONS. Our delivery of Support Services under this Agreement is based upon the following Prerequisites and Assumptions:
    1. All Support Services will be provided remotely to your North America locations.
    2. All Support Services will be provided in the English language.
    3. You must have access to the Internet in order to take advantage of Internet-based services.
    4. Issues arising from third-party applications or customer solutions are outside the scope of Support Services.
    5. Public sector organizations eligible to participate in the Microsoft volume licensing programs specifically designed for government are not eligible to participate in this Pilot.
    1. Except as otherwise set forth in this Section 5, the Online Services Terms govern the ownership and use rights of any computer code or other materials that may be provided as part of the Support Services under this Agreement (“Deliverables”). The obligations and rights of the parties regarding the Deliverables (including Pre-Existing Work, Materials, and Sample Code) and Fixes provided by Microsoft as part of the Support Services under this Agreement, are described in the Customer Support section in Attachment 1 of the Online Services Terms.
    2. Restrictions on Use. Customer must not (and must not attempt to) reverse engineer, decompile or disassemble any product, Fix, or Services Deliverable. Except as expressly permitted in this agreement, Customer must not distribute, sublicense, rent, lease, lend, or host any product, Fix, or Services Deliverable. You agree to comply with all applicable international and national laws that apply to the Fixes and Deliverables, including the U.S. Export Administration Regulations, as well as end user, end use and destination restrictions issued by U.S. and other governments. For additional information on exporting Microsoft products, see https://www.microsoft.com/en-us/exporting.
    3. Non-Microsoft software and technology. Customer is solely responsible for any non-Microsoft software or technology that it installs or uses with Azure, the Fixes, or Deliverables. Customer may not install or use non-Microsoft software or technology in any way that would subject Microsoft's intellectual property or technology to obligations beyond those included in this agreement.
    4. Reservation of Rights. All rights not expressly granted in this Section 5 are reserved.
  6. CONFIDENTIALITY. “Confidential Information” is non-public information that is designated “confidential” or that a reasonable person should understand to be confidential, including Customer Data, the terms of Microsoft agreements, and the terms of the Pilot. The Online Services Terms may provide additional obligations for, and limitations on disclosure and use of, Customer Data. Confidential Information does not include information that (a) becomes publicly available without a breach of this agreement, (b) was lawfully known or received by the receiving party without an obligation to keep it confidential, (c) is independently developed, or (d) is a comment or suggestion one party volunteers about the other’s business, products or services.

    Each party will take reasonable steps to protect the other party’s Confidential Information and will use the other party’s Confidential Information only for purposes of the parties’ business relationship under this Agreement. Neither party will disclose that information to third parties, except to its employees, Affiliates, contractors, advisors and consultants (collectively, “Representatives”) and then only on a need-to-know basis under nondisclosure obligations at least as protective as this Agreement. Each party remains responsible for the use of the Confidential Information by its Representatives and, in the event of the discovery of any unauthorized use or disclosure, must promptly notify the other party.

    A party may disclose the other party’s Confidential Information if required by law; but only after it notifies the other party (if legally permissible) to enable the other party to seek a protective order.

    Neither party is required to restrict work assignments of Representatives who have had access to Confidential Information. Each party agrees that use of information in Representatives’ unaided memories in the development or deployment of the parties’ respective products or services does not create liability under this agreement or trade secret law, and each party agrees to limit what it discloses to the other accordingly.

    Either Party may provide suggestions, comments or other feedback to the other with respect to the other’s Confidential Information. Feedback is voluntary and the party receiving feedback is not required to hold it in confidence. The party receiving feedback will not disclose the specific source of feedback without the providing party’s consent. Feedback may be used for any purpose without obligation of any kind. We may use any technical information we derive from providing the Support Services for problem resolution, troubleshooting, product functionality enhancements and fixes, or for our knowledge base. We agree not to identify you or disclose any of your Confidential Information in any item in the knowledge base.

    These obligations apply for Customer Data until it is deleted from the Online Services, and for all other Confidential Information, for a period of five years after the Confidential Information is received.

  7. WARRANTY FOR CUSTOMER SUPPORT. Microsoft warrants that Support Services under this Agreement will be performed with professional care and skill.
  8. LIMITATION OF LIABILITY, EXCLUSIONS. To the maximum extent permitted by applicable law, our total liability (and that of our contractors) for direct damages is limited to the amount you have paid under this Agreement for the Support Services giving rise to the claims. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, NEITHER PARTY NOR THEIR CONTRACTORS WILL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION ARISING IN CONNECTION WITH THIS AGREEMENT, ANY STATEMENT OF SERVICES, SERVICES, SERVICE DELIVERABLES, FIXES, PRODUCTS, OR ANY OTHER MATERIALS OR INFORMATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE. The foregoing limitations and exclusions of liability apply regardless of whether the liability is based on breach of contract, tort (including negligence), strict liability, breach of warranties, or any other legal theory. The limitations and exclusions of liability for damages in this section 8 do not apply to (i) a Party’s violations of section 6 (Confidentiality), (ii) a Party’s violation of the other Party’s intellectual property rights, (iii) liability for damages caused by either party’s gross negligence or willful misconduct, or that of its employees or its agents, and awarded by a court of final adjudication (provided that, in any jurisdiction that does not recognize a legal distinction between "gross negligence" and "negligence", "gross negligence" as used in this section shall mean "recklessness"), or (iv) liability for personal injury or death caused by either party’s negligence or that of its employees or agents or for fraudulent misrepresentation.
  9. Application of local laws. If applicable law gives you any implied terms, despite the exclusions and limitations in this Agreement, then to the extent permitted by applicable law, your remedies are limited, in the case of Support Services to either (i) re-supply of the Support Services or (ii) the cost of the re-supply of the Support Services (if any). The order in which these limited remedies are provided will be determined by us.
  10. TERMINATION. Microsoft may terminate this Agreement upon 15 days’ written notice to you. If you terminate your Azure Subscription(s) during the Pilot, Microsoft may terminate this Agreement without notice. Either Party may terminate this Agreement if the other Party is in material breach or default of any obligation that is not cured within 15 calendar days’ notice of such breach. To the extent necessary to implement the termination provisions of this Agreement, each party waives any right it has or obligation that the other party may have, now or in the future under any applicable law or regulation, to request or obtain the approval, order, decision, or judgment of any court to terminate this Agreement.
    1. Notices. Microsoft may provide customer with information and notices about Azure or this Pilot electronically via email, through the Azure portal or the Azure Preview Portal, or through a web site that Microsoft identifies. Notice to customer is given as of the date it is made available by Microsoft. Notices to Microsoft must be sent in accordance with your agreement governing use of Azure.
    2. Contracting Authority. If you are an individual accepting these terms on behalf of an entity, you represent that you have the legal authority to enter into this Agreement on that entity’s behalf.
    3. Assignment. You may not assign this agreement either in whole or in part.
    4. Severability. If any provision in this Agreement is found unenforceable, the balance of the agreement will remain in full force and effect.
    5. Waiver. Failure to enforce any provision of this Agreement will not constitute a waiver. Any waiver must be in writing and signed by the waiving party.
    6. Survival. Provisions regarding ownership and license, use rights, restrictions on use, transfer of licenses, warranty, limitations of liability, confidentiality, obligations on termination or expiration and the other provisions in this section entitled “Miscellaneous” will survive termination or expiration of this Agreement.
    7. Applicable law. The terms of this Agreement will be governed by and construed in accordance with the laws of the State of Washington and federal laws of the United States. The 1980 United Nations Convention on Contracts for the International Sale of Goods and its related instruments will not apply to this Agreement.
    8. Use of contractors. Microsoft may use contractors to perform Support Services, but will be responsible for their performance subject to the terms of this Agreement.
    9. No transfer of ownership. Microsoft does not transfer any ownership rights in any Product. The Products are protected by copyright and other intellectual property rights laws and international treaties.