Supplemental Terms of Use for Microsoft Azure Previews

Last updated: November 2017

Azure may include preview, beta, or other pre-release features, services, software, or regions offered by Microsoft to obtain customer feedback ("Previews"). Previews are made available to you on the condition that you agree to these terms of use, which supplement your agreement governing use of Azure.

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 Online Services Privacy Statement, Microsoft Azure Trust Center, the Online Services Terms, and any additional notices provided with the Preview. Certain named Previews may also be subject to additional terms set forth below, if any. We may change or discontinue Previews at any time without notice. We also may choose not to release a Preview into "General Availability."

Microsoft Genomics

Broad EULA. The Microsoft Genomics service includes access to the Genetic Analysis Toolkit (GATK) from the Broad Institute, Inc. ("Broad"). Use of GATK and any related documentation as part of Microsoft Genomics is also subject to the Broad’s GATK End User License Agreement ("Broad EULA").

Information Sharing. You agree that Microsoft may report to Broad your status as a user of GATK in Microsoft Genomics and that Broad and Microsoft may exchange certain statistical and technical information regarding your usage of the GATK (as set forth in Section 7.2 of the Broad EULA).

Medical Use. Microsoft Genomics is not a medical device and outputs generated from its use are not intended to be statements of fact, and are not to be used as a substitute for medical judgment, advice, diagnosis or treatment of any health condition or problem. You acknowledge that you are responsible for complying with all applicable laws and regulatory requirements if you use Microsoft Genomics as a component in any clinical offering or product.

Microsoft Azure Hybrid Benefit for Windows 10

Only Enterprise customers with Windows 10 Enterprise E3/E5 per user or Windows VDA per user (User Subscription Licenses or Add-on User Subscription Licenses) (“Qualifying Licenses”) are eligible to use Microsoft Azure Hybrid Benefit for Windows 10 (“Azure HUB for Windows 10”). Under this preview, users to whom a customer has assigned a Qualifying License may deploy and use Windows 10 images provided in the Azure virtual machine gallery (images designated as Azure HUB for Windows 10 images) on Microsoft Azure. Each such user may use up to four instances of the Windows 10 software subject to (i) the terms of the Windows Desktop Operating System Product Entry in then-current Microsoft Volume Licensing Product Terms and these preview terms, and (ii) the requirement that each user is managed through Azure Active Directory. Ongoing use of the Windows 10 software under Azure HUB for Windows 10 is permitted under the same terms until the end of the fourth full calendar month following the declaration of next Current Branch for Business following the Windows 10 Anniversary Update (1607). In the event of any conflict between the terms of the Windows Desktop Operating System Product Entry and these preview terms, these preview terms prevail.

Visual Studio Mobile Center

Right to Use. We grant you the right to access and use the preview service for the development and testing of your application(s), as described in this agreement. For any virtual machines provided by the service, you agree that only one user may access a virtual machine at a time. We reserve all other rights.

Authorized Developer. You appoint Microsoft as your authorized developer with respect to Apple software included in the preview service, and acknowledge that Microsoft has a demonstrable need to use such software as part of the preview service to help you develop and test your application(s). Microsoft is responsible for complying with the terms for any such software included in the preview service and will keep confidential any confidential information of Apple used as part of the preview service and any code or other materials you provide as part of your application(s). Microsoft will only use your Apple ID and/or provisioning profile (if you provide them to us) to provide the preview service to help you develop and test your application(s) and will not share them with any third party. If your Apple ID and/or provisioning profiles are suspended, revoked, and/or terminated, you agree to immediately notify Microsoft.

Package Managers. The preview service may include downloads of package managers, like NuGet, that give you the option to download other Microsoft and third party software packages to use with your application. Those packages are under their own licenses, and not this agreement. Microsoft does not distribute, license or provide any warranties for any of the third-party packages.

Third Party Repository Service Access. If you grant Microsoft access to your third party repository service account, you agree that Microsoft can scan your account, including the contents of your public and private repositories to provide reporting and other functionality to you as part of the preview service. You also agree that Microsoft may use information or insights from your account to improve the preview service.

Access to Data. You may not be able to access data used in the preview service upon termination of your subscription or when it stops running.

Location Based Services

Automotive restrictions. You may not use the Service in connection with any in-vehicle usage except as otherwise permitted by Microsoft in a separate agreement. You may not use the Service to enable turn-by-turn navigation functionality in any application.

Database restrictions. You may not use the Service or any part thereof to create a competing database or service by using, extracting or reutilizing the data contained within the Service or a substantial part thereof or use the Service for the creation of any secondary or derived database populated wholly or partially with your data and/or data supplied or created by any third party;

You will not copy or use the structure and arrangement of the database of the Service for the creation of the same; and

You will not use the content delivered by the Service in combination with any other third-party database, except that you may layer onto the Service content of a type not already included within the Service (such as your proprietary content) or of which Microsoft otherwise licenses. In addition, you will not use the Service for the purpose of creating a dedicated personal navigation device.

API Results. You may not cache or store information delivered by the Service 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.

The foregoing shall not, however, prohibit you from caching such Results on a device or client browser where the purpose of such caching is to reduce latency times of the service used by you on such device or client browser. In the case of caching of Results in a device or client browser by you as per the foregoing sentence, such Results may not be stored for longer than: (i) than the validity period indicated in returned headers; or (ii) 30 days, whichever is the shortest.

You may not display any Results on any third-party content or map data. The foregoing shall not apply to any geocodes/reverse geocodes delivered by the Service. You may display such geocodes/reverse geocodes on third party content or map data with the exception of any products, data or services provided by Open Street Maps or any other open source data provider.

Map Data. You may only use Map Data and other third-party content delivered by the Service in accordance with the restrictions set out under as of the Effective Date and as may be updated from time to time.

You may not attempt to access the source data of any content delivered other than through the Service.

Copyright. You may not remove, obscure, mask or change any logo and/or copyright notice placed on or automatically generated by the Service.