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MICROSOFT AZURE
Availability General Service Terms Service Specific Terms Add-ons Related
Resources
Availability General Service Terms Service Specific Terms Add-ons Related
Resources
Showing terms for the Microsoft Customer Agreement program. Not all terms apply
to all products and programs. Get help selecting a program.
AVAILABILITY
Use the chart below to see which Microsoft Azure products are available with
which programs.
Product MCA Program Attribute Azure Active Professional Direct Support* Azure
Active Standard Support* Azure Site Recovery (to Customer Owned Site) Azure SQL
Edge (per Device) Microsoft Azure Services Microsoft Defender for Identity (User
SL) Microsoft Entra ID P1 (User SL) Microsoft Entra ID P2 (User SL) Microsoft
Translator API
*Also available through Microsoft Customer Agreement and Reduction Eligible when
acquired under that agreement.
PRODUCT CONDITIONS:
Provides additional information related to acquiring the Product, such as
prerequisites for purchase, prior versions, and the applicable Product Pool.
Microsoft AzureTerms of Service
Universal License Terms for Online Services (For Azure Virtual Desktop per user
access, Windows operating system is governed by the Universal License Terms for
all Software and includes specific terms in Windows Desktop Operating System
terms).
Azure Kubernetes Service Edge Essentials is governed by the Universal License
Terms for all Software.
Product PoolServerPromotionsNone
Product Conditions - Program SpecificStudent Use BenefitRefer to Student Use
Benefits and Academic Programs
PRODUCT CATEGORIES
This table highlights which Azure products fall under the categories of
Microsoft Azure User Plans, Microsoft Azure Support Plans, and Microsoft Azure
Services:
Product CategoryProductMicrosoft Azure User PlansMicrosoft Entra ID Plan 1, 2 &
F2 (User SL), Microsoft Defender for Identity & F1 (User SL), Microsoft Defender
for Identity Client Management License Add-on (User SL)Microsoft Azure Support
PlansAzure Active Professional Direct Support, Azure Active Standard Support,
Microsoft Azure StorSimple Premium & Standard Support, Microsoft Azure
StorSimple Standard Support to Premium SupportMicrosoft Azure ServicesAzure SQL
Edge (per Device), Microsoft Translator API, Microsoft Azure Services
MICROSOFT AZURE SERVICES PLANS
If subscribed to by Customer as a Microsoft Azure Services Plan, individual
Microsoft Azure Services may have different program availability or be subject
to different terms. Other than Azure Stack Hub, Services purchased as a
Microsoft Azure Services Plan are not eligible for the Azure Customer Solution
clause in the General Service Terms for Azure.
SUBSCRIPTION TERM
Azure is licensed on a subscription basis for a fixed term. Usage is metered,
and charges are applied periodically based on usage. Some subscriptions require
prepayment or an upfront commitment and others are billed after the services are
used (“pay-as-you-go”). Pay-as-you-go subscriptions automatically renew after
each billing period unless cancelled before the end of the billing period. For
plans that require an upfront commitment (such as Azure reservations), the term
of the subscription is the same as the commitment period. At the end of the
term, such subscriptions will renew automatically on a pay-as-you go basis
unless the commitment is expressly renewed or the subscription is cancelled
before the end of the term.
The table below highlights the subscription terms for the options to purchase
Microsoft Azure Services that a customer is eligible for:
OptionsSubscription TermAzure prepaymentSubscription term is the same as the
Azure prepayment commitment term.ConsumptionSubscription term is the same as the
billing period.Microsoft Azure Services PlanSubscription term is the same as the
billing period.Azure reservationsSubscription term is the same as the Azure
reservation commitment term.Azure SpotSubscription term is the same as the
billing period.Azure compute savings planSubscription term is the same as the
Azure compute savings plan term.
PURCHASING MICROSOFT AZURE SERVICES
Microsoft Azure Services may be purchased in one or a combination of the
following ways:
Azure prepayment: Customer will have access to its entire Azure prepayment
throughout the term of its Agreement if Customer agrees to be invoiced for the
full amount upfront (the “Fully Prepaid Option”). Alternatively, if Customer
elects to be invoiced for its Azure prepayment on an annual basis, Customer will
have access to an Allocated Annual prepayment each year of the Agreement (the
“Annually Prepaid Option”). Under the Fully Prepaid Option, any unused Azure
prepayment will be forfeited at the end of the Agreement, and under the Annually
Prepaid Option, any unused Allocated Annual prepayment will be forfeited on the
following Agreement anniversary date. Customer may contact Microsoft or
Customer’s reseller about increasing its Azure prepayment or reducing its
Allocated Annual prepayment for any future Agreement anniversary. Customer’s
reseller (if any) must process reductions with Microsoft prior to the next
anniversary.
Consumption: Customer pays based on the amount of Microsoft Azure Services
consumed during a billing period. Certain features of the Microsoft Azure
Services may only be available for purchase on a consumption basis.
Microsoft Azure Services Plan: Customer may be able to subscribe to a Microsoft
Azure Service as a Microsoft Azure Services Plan.
Azure reservations: Azure reservations are purchased for specified terms of up
to three years with either a single upfront payment or equal monthly payments
(when available). Azure reservations expire at the end of the specified term.
Customer will not be refunded payment (paid or scheduled) for unused Azure
reservations. Using Azure commitment tiers, Customers pay upfront monthly for
connected containers and Azure usage. Overage will be invoiced when usage
exceeds the commitment tier limit. For disconnected containers, Azure commitment
tier payments are made upfront yearly, except for disconnected container proof
of concept (POC) SKUs, which have a one month prorated price. Customers can
renew the POC license automatically up to two times, allowing for three months
of total usage of a POC SKU.
Azure compute savings plan: Azure compute savings plan is purchased for
specified terms of up to three years with either a single upfront payment or
equal monthly payments (when available). Azure compute savings plan expires at
the end of the specified term. Customer will not be refunded payment (paid or
scheduled) for unused Azure compute savings plan. Azure compute savings plans
are noncancellable. Customer will owe the amount charged for the plan for the
duration of the selected term, even if the Agreement is terminated.
Notwithstanding the terms in Customer’s volume licensing agreement, fixed
pricing does not apply to Azure compute savings plan.
PRICING
Microsoft may offer lower prices to Customer (or Customer’s reseller) for
individual Microsoft Azure Services during Customer’s Agreement term on a
permanent or temporary (promotional) basis.
Azure reservations: Notwithstanding the terms in Customer's volume licensing
agreement, fixed pricing does not apply to Azure reservations. Azure reservation
pricing will be based on the available pricing at the time of each purchase.
Azure Spot: Notwithstanding the terms in Customer's volume licensing agreement,
fixed pricing does not apply to Azure Spot virtual machines. Azure Spot pricing
is demand-based. The available pricing at the time of each purchase is subject
to change at any time. Customer can refer to the Azure portal for pricing
adjustments. Customer's access to a given Azure Spot virtual machine is
temporary and may be interrupted at any time. Customer may elect to be notified
immediately prior to workload interruption.
Azure Communication Services: Notwithstanding the terms in the Customer's volume
licensing agreement, fixed pricing does not apply to Azure Communication
Services ("ACS"). ACS pricing is market-based. The available pricing at the time
of each purchase is subject to change at any time. Customer can refer to the
Azure portal for pricing adjustments.
PAYMENT AND FEES
This table highlights which Azure Product categories are eligible for the
Payment and Fees options below. Please reference the Product Category table
above for eligible products.
Payment and Fees optionsEligible Products*1. Using Azure prepaymentMicrosoft
Azure Services2. Invoicing Azure prepaymentMicrosoft Azure Services3. Invoicing
Azure prepayment overageMicrosoft Azure Services4. Consumption
InvoicingMicrosoft Azure Services5. Azure Services Plan InvoiceMicrosoft Azure
Support Plans, Microsoft Azure User Plans6. Azure reservationsMicrosoft Azure
Services7. Azure compute savings planMicrosoft Azure Services
*Some Products may not be eligible for certain Payment and Fees scenarios.
Please refer to the Azure Portal or Pricing Calculator
(https://azure.microsoft.com/pricing/calculator/) for more information on
availability.
1. Using Azure prepayment: Each month, Microsoft will deduct from Customer’s
Azure prepayment (or Allocated Annual prepayment, if applicable) the
monetary value of Customer’s usage of eligible Microsoft Azure Services.
Once Customer’s Azure prepayment (or Allocated Annual prepayment, if
applicable) balance has been exhausted, any additional usage will be
invoiced at Consumption Rates (as described below).
2. Invoicing Azure prepayment: If Customer elects the Fully Prepaid Option,
Azure prepayment will be invoiced immediately. If Customers elects the
Annually Prepaid Option, the first Allocated Annual prepayment will be
invoiced immediately, and future Allocated Annual prepayments will be
invoiced on the anniversary of the Agreement effective date.
3. Invoicing Azure prepayment overage: If Customer’s usage is higher than
either its Azure prepayment under the Fully Prepaid Option or its Allocated
Annual prepayment under the Annually Prepaid Option, such excess will be
invoiced at Consumption Rates to Customer (or its reseller) at the end of
each Agreement month.
4. Consumption invoicing: If Customer provisions Microsoft Azure Services
without a Azure prepayment, it (or its reseller) will be invoiced monthly at
Consumption Rates. All usage of the Microsoft Azure Services after the
expiration or termination of Customer’s subscription term will be invoiced
to Customer (or its reseller) at then-current Consumption Rates on a monthly
basis.
5. Azure Services Plan invoice: The purchase of a Microsoft Azure Services Plan
will be invoiced to Customer (or its reseller) either on an upfront or
annual basis, according to the terms of Customer’s volume licensing
agreement governing payment terms for the order of Online Services
generally. Azure prepayment cannot be applied to the purchase of a Microsoft
Azure Services Plan; provided, however, that if a Microsoft Azure Services
Plan includes the purchase of an initial quantity of a service (“Initial
Quantity”), Customer usage that exceeds the Initial Quantity will be billed
at Consumption Rates, and Customer’s Azure prepayment can be applied to such
usage.
6. Azure reservations: The purchase of Azure reservations will be deducted
automatically from any available Azure prepayment. If Customer has used all
of its Azure prepayment or if the cost of Azure reservations exceeds the
available Azure prepayment balance at the time of purchase, the excess will
be invoiced as otherwise provided in this “Payment and Fees” section. Azure
reservations Customer purchases via Azure.com will be charged against its
credit card on file for the full upfront payment, or the charge will appear
on its next invoice. Azure reserved instances for a virtual machine or Azure
SQL Database services cover compute only (the base rate) and do not include
the cost of the software (e.g., Windows Server or SQL Server), storage or
back-up. Conversely, Azure reserved instances for software do not include
the cost of compute.
7. Azure compute savings plan: The purchase of Azure compute savings plan will
be deducted automatically from any available Azure prepayment. If Customer
has used all of its Azure prepayment or if the cost of Azure compute savings
plan exceeds the available Azure prepayment balance at the time of purchase,
the excess will be invoiced as otherwise provided in this “Payment and Fees”
section. Azure compute savings plan Customer purchases via Azure.com will be
charged against its credit card on file for the full upfront payment, or the
charge will appear on its next invoice. Azure compute savings plan covers
compute only (the base rate) and does not include the cost of the software
(e.g., Windows Server or SQL Server), storage or back-up.
FIVE YEAR RESERVATIONS FOR AZURE VMS
As an exception to the general terms for Azure reservations, we offer five year
Azure reservation terms for select VM families. The early termination fee for a
five-year Azure reservation is 35%. Microsoft reserves the right during a
five-year Azure reservation to move Customer to a newer version of the HB series
for reasons including, but not limited to, unavailability of parts for
maintenance or lack of support from the hardware vendor. In such cases, the new
version and hardware configuration will provide at least the same level of
performance.
AZURE RESERVATION OPTIONS
The following options apply to Azure reservations Customer has purchased.
1. Exchange: is an option that allows Customer to apply the monetary value of a
remaining Azure reservation term to the purchase of one or more new Azure
reservations of equal or greater monetary value for the same service.
2. Cancel: is an option that allows Customer to receive a prorated refund based
on a remaining Azure reservation term minus an early termination fee
(currently 12 percent) and subject to a cancellation limit set by Microsoft
(currently $50,000 per year).
WINDOWS SERVER DATACENTER: AZURE EDITION
USE RESTRICTION
Customer may use Windows Server Datacenter: Azure Edition only as an operating
system for virtualization on Microsoft Azure and Azure Stack.
AZURE HYBRID BENEFIT
MICROSOFT AZURE HYBRID BENEFIT FOR WINDOWS SERVER
Customer may use the Microsoft Azure Hybrid Benefit in its own Microsoft Azure
account. Customer may use Standard or Datacenter software. The following Windows
Server licenses with an active subscription or Software Assurance are eligible
for the Microsoft Azure Hybrid Benefit:
* Windows Server Standard/Datacenter core licenses
* Windows Server Standard/Datacenter processor licenses
* Each processor license is equivalent to 16 core licenses.
LICENSE ALLOCATION FOR VM LICENSING
* Customer must allocate enough eligible core licenses to cover all Virtual
Cores on the VM(s) that are running.
* The minimum number of core licenses required per VM is 8.
LICENSE ALLOCATION FOR DEDICATED HOST LICENSING (DATACENTER ONLY)
* Customer must allocate enough Windows Server Datacenter core licenses to
cover all Physical Cores available to Customer on a Dedicated Host or an
Azure Stack HCI Cluster. Azure Hybrid Benefit for Azure Stack HCI is
available for EA or CSP customers only.
* Customer may run unlimited Virtual Machines on that host/cluster.
AZURE MIGRATION ALLOWANCE
Aside from the migration allowances below, once licenses are allocated to Azure,
Customer may not use them anywhere else. After at least 90 days have passed,
Customer may elect to stop using them for the Azure Hybrid Benefit.
* VM Licensing
* Windows Server Standard: When migrating workloads to Azure, Customer may
also continue to use its licensed software on devices for a period of 180
days from when the licenses are allocated to Azure.
* Windows Server Datacenter: When migrating workloads to Azure, Customer may
also continue to use its licensed software on devices indefinitely.
* Dedicated Host Licensing
* When migrating workloads to Azure, Customer may also continue to use its
licensed software on devices for a period of 180 days from when the
licenses are allocated to Azure.
MICROSOFT AZURE HYBRID BENEFIT FOR SQL SERVER
Customer may use the Microsoft Azure Hybrid Benefit in its own Microsoft Azure
account. The Qualified Licenses in the table below may be used for the Microsoft
Azure Data Service in the specified ratios.
Qualified LicenseMicrosoft Azure Data Service1Ratio of Qualified Licenses to
Azure vCoresSQL Server Enterprise (Core)SQL Managed Instance enabled by Azure
Arc – General Purpose1 Core License:4 vCoresSQL Managed Instance enabled by
Azure Arc – Business Critical1 Core License:1 vCoreAzure SQL Database (Elastic
Pool and Single Database)/Azure SQL Managed Instance – General Purpose1 Core
License:4 vCoresAzure SQL Database (Elastic Pool and Single Database)/Azure SQL
Managed Instance – Business Critical1 Core License:1 vCoreAzure SQL Database
(Single Database)/Azure SQL Managed Instance - Hyperscale1 Core License:4
vCoresAzure Data Factory SQL Server Integration Services (Enterprise)1 Core
License:1 vCoreAzure Data Factory SQL Server Integration Services (Standard)1
Core License:4 vCoresSQL Server Enterprise Virtual Machines1 Core License2:1
vCPUSQL Server Standard Virtual Machines1 Core License:4 vCPUsSQL Server
Standard (Core)SQL Managed Instance enabled by Azure Arc – General Purpose1 Core
License:1 vCoreSQL Managed Instance enabled by Azure Arc – Business Critical4
Core Licenses:1 vCoreAzure SQL Database (Elastic Pool and Single Database)/Azure
SQL Managed Instance – General Purpose1 Core License:1 vCoreAzure SQL Database
(Elastic Pool and Single Database)/Azure SQL Managed Instance – Business
Critical 4 Core Licenses:1 vCoreAzure SQL Database (Single Database)/Azure SQL
Managed Instance - Hyperscale1 Core License:1 vCoreAzure Data Factory SQL Server
Integration Services (Standard)1 Core License: 1 vCoreAzure Data Factory SQL
Server Integration Services (Enterprise)4 Core Licenses:1 vCoreSQL Server
Standard Virtual Machines1 Core License2:1 vCPUSQL Server Enterprise Virtual
Machines4 Core Licenses2:1 vCPU
1Azure Hybrid Benefit is not available in the serverless compute tier of Azure
SQL Database.
2Subject to a minimum of four Core Licenses per Virtual Machine.
AZURE MIGRATION ALLOWANCE
Aside from the migration allowance below, once licenses are allocated to Azure,
Customer may not use them anywhere else. After at least 90 days have passed,
Customer may elect to stop using them for the Azure Hybrid Benefit.
* When migrating workloads to Azure, Customer may also continue to use its
licensed software on devices for a period of 180 days from when the licenses
are allocated to Azure.
FAIL-OVER RIGHTS FOR SQL SERVER STANDARD/ENTERPRISE VIRTUAL MACHINES
When allocating SQL Server Licenses for use under the Azure Hybrid Benefit for
SQL Server, Customer is entitled to the respective fail-over rights for the
Azure service in use (see Service Specific Terms below).
SQL SERVER ENTERPRISE CORE UNLIMITED VIRTUALIZATION RIGHTS
Customer may alternatively allocate enough SQL Server Enterprise core licenses
to cover all Physical Cores available to Customer on an Azure Dedicated Host and
run unlimited Virtual Machines on that host.
LIMITED HOSTING RIGHTS FOR SQL MANAGED INSTANCE ENABLED BY AZURE ARC
When using the Azure Hybrid Benefit, paragraph 3 of the Service Specific terms
for SQL Managed Instance enabled by Azure Arc does not apply. Customer is
entitled only to run its SQL Managed Instance enabled by Azure Arc containers on
Microsoft Azure, its own Servers, or Servers under the day-to-day management and
control of Authorized Outsourcers, regardless of whether those Servers are
dedicated to Customer or not.
AZURE VIRTUAL DESKTOP
AZURE VIRTUAL DESKTOP CONDITIONS
The Azure Virtual Desktop control plane may only be used to manage Azure Virtual
Desktop VMs running on Azure. Windows Enterprise multi-session is limited for
use on Azure Virtual Desktop VMs running on Azure only.
AZURE VIRTUAL DESKTOP FOR WINDOWS
Users licensed with Microsoft 365 E3/E5/G3/G5/F3/Business Premium/A3/A5/Student
Use Benefit, Windows Enterprise E3/E5, Windows Education A3/A5, or Windows VDA
E3/E5 may access Azure Virtual Desktop Windows virtual machines running in
Customer's Microsoft Azure accounts. Azure Virtual Desktop virtual machines do
not count against a user’s device activation count limit.
AZURE VIRTUAL DESKTOP FOR WINDOWS SERVER
Users licensed with RDS User CALs with SA or RDS User Subscription Licenses or
using devices licensed with RDS Device CALs with SA may access Azure Virtual
Desktop Windows Server virtual machines running in Customer's Microsoft Azure
accounts.
AZURE VIRTUAL DESKTOP FOR DEVELOPMENT AND TEST
Users licensed with Visual Studio subscriptions and MSDN Platforms with active
SA (“Authorized Users”) may access Azure Virtual Desktop Windows, and Windows
Server virtual machines running in Customer's Microsoft Azure accounts for
development and test purposes. Customer’s end users may also access Azure
Virtual Desktop Windows, and Windows Server virtual machines initiated by
Authorized Users to perform acceptance tests or provide feedback.
AZURE DEV/TEST PRICING
Customer may be eligible for Azure dev/test pricing for Azure Services accessed
by (i) its Qualified Licensed Users solely for development and test purposes,
and (ii) its users performing acceptance tests and providing feedback related to
those development and test activities. “Qualified Licensed Users” means users
allocated Visual Studio subscriptions or MSDN Platform subscriptions with active
Software Assurance. See Azure.com
(https://azure.microsoft.com/pricing/dev-test/) for eligibility criteria and
applicable services.
GENERAL SERVICE TERMS
RESTRICTION ON U.S. POLICE DEPARTMENT USE OF AZURE FACIAL RECOGNITION SERVICES
Customer may not use Azure Facial Recognition Services if Customer is, or is
allowing use of such services by or for, a police department in the United
States. Violation of any of the restrictions in this section may result in
immediate suspension of Customer’s use of the service.
NOTICES
The Communication Services, Professional Services, Azure Media Services
H.265/HEV Encoding, Adobe Flash Player, H.264/AVC Visual Standard, and VC-1
Video Standard in Notices apply. Any deployment services provided to Customer
are subject to the Professional Services terms (refer to Professional Services).
SERVICE LEVEL AGREEMENT
Refer to http://azure.microsoft.com/support/legal/sla/.
LIMITATIONS
Customer may not
* resell or redistribute the Microsoft Azure Services, or
* allow multiple users to directly or indirectly access any Microsoft Azure
Service feature that is made available on a per user basis (e.g., Active
Directory Premium). Specific reassignment terms applicable to a Microsoft
Azure Service feature may be provided in supplemental documentation for that
feature.
RETIREMENT OF SERVICES OR FEATURES
Microsoft will provide Customer with 12 months’ notice before removing any
material feature or functionality or discontinuing a service, unless security,
legal or system performance considerations require an expedited removal. This
does not apply to Previews.
DATA RETENTION AFTER EXPIRATION OR TERMINATION
The expiration or termination of Customer’s Online Service subscription will not
change Customer’s obligation to pay for hosting of Customer Data during any
Extended Term.
AZURE CUSTOMER SOLUTION
USE RIGHTS AND CONDITIONS FOR USE
Customer may create and maintain a Customer Solution. Despite anything to the
contrary in Customer’s licensing agreement, Customer may permit third parties to
access and use the Microsoft Azure Services solely in connection with the use of
that Customer Solution.
Customer is responsible for: (1) ensuring that third parties who access, use or
distribute the Customer Solution comply with these terms, the terms and
conditions of Customer's licensing agreement, and all applicable laws; and (2)
obtaining any necessary licenses related to Standards in a Customer Solution.
Notwithstanding anything to the contrary in Customer’s volume licensing
agreement, Microsoft has no defense obligation or liability for any infringement
claim for patents alleged to be infringed by the implementation of any Standards
in a Customer Solution.
USE OF SOFTWARE WITHIN MICROSOFT AZURE
For Microsoft software available within a Microsoft Azure Service, Microsoft
grants Customer a limited license to use the software only within the Microsoft
Azure Service.
DATA CENTER AVAILABILITY
Usage of data centers in certain regions may be restricted to Customers located
in or near that region. For information on service availability by region,
please refer to http://azure.microsoft.com/en-us/regions.
SHARING
The Microsoft Azure Services may provide the ability to share a Customer
Solution and/or Customer Data with other Azure users and communities, or other
third parties. If Customer chooses to engage in such sharing, Customer agrees
that it is giving a license to all authorized users, including the rights to
use, modify, and repost its Customer Solution and/or the Customer Data, and
Customer is allowing Microsoft to make them available to such users in a manner
and location of its choosing.
MARKETPLACE
Microsoft Azure enables Customer to access or purchase products and services
which are optimized for use with Azure through features such as the Microsoft
Azure Marketplace and the Virtual Machine Gallery, subject to separate terms
available at http://azure.microsoft.com/en-us/support/legal/store-terms.
BING SEARCH SERVICES
By using the Bing Search Services, Customer agrees to be bound by the terms
available at https://www.microsoft.com/en-us/bing/apis/legal and
https://learn.microsoft.com/en-us/bing/search-apis/bing-web-search/use-display-requirements
which may be updated from time to time. Customer must use results it obtains
from the Bing Search Services only in Internet Search Experiences (as defined in
the use and display requirements) and must not cache or copy results.
SERVICE SPECIFIC TERMS
SUBSCRIPTION LICENSE SUITES
In addition to User SLs, refer to Subscription License Suites for other SLs that
fulfill requirements for Microsoft Entra ID, Microsoft Defender for Identity,
and Microsoft Intune.
AZURE AI CONTENT SAFETY
ACCEPTABLE USE
Azure AI Content Safety can apply tags to text, image, and certain multi-modal
content enabling customers to filter and remove harmful content. Transmitting
harmful content to Azure AI Content Safety through the intended use of the
service will not by itself be considered a violation of the Acceptable Use
Policy, which otherwise applies. Customer agrees to use the system only to
filter out and not to collect harmful content.
SAMPLE CONTENT
If Customer chooses to provide Microsoft with examples of Customer content
(“Sample Content”) to help Microsoft tailor the service to Customer’s
requirements as described in the service documentation, Customer agrees (a) that
Microsoft will review and use it in accordance with that documentation, and (b)
that Customer will abide by any requirements in that documentation, including
the requirement not to include personal, confidential, or commercially sensitive
information in Sample Content.
API TERMS FOR SECURITY APPLICATIONS AND COMPLIANCE APPLICATIONS
“Compliance Application” means a software program or service built exclusively
to ensure that an organization is complying with their security-related
requirements.
“Security Application” means a software program or service built exclusively to
protect and defend the information and technology assets of an enterprise.
“End User” refers to the end-user of the Security Application or Compliance
Application.
“Customer” refers to the registered owner of the Azure subscription where the
Security Application or Compliance Application is registered with Microsoft
Entra ID.
The following terms and conditions apply to a Security Application’s or
Compliance Application’s use of the Microsoft Teams APIs in Microsoft Graph:
* The End User must have one of the following Microsoft 365 E5 eligible
licenses: Microsoft 365 E5/A5/G5, Microsoft 365 E5 Compliance, Microsoft 365
E5 Information Protection and Governance, or Microsoft 365 E5 Information
Protection & Data Loss Prevention.
* Microsoft will bill Customer for all commercial consumption of API messages
that exceed the included monthly seeded allowance per End User tenant. Refer
to https://docs.microsoft.com/en-us/graph/teams-licenses to understand and
review the seeded allowances and pricing details for the Microsoft Teams
APIs.
* Security Applications and Compliance Applications must query the Microsoft
Teams APIs with?model=A?query parameter.
The following terms and conditions apply to a non-Security Application or
non-Compliance Application use of the Microsoft Teams APIs in Microsoft Graph:
* Microsoft will bill Customer for all commercial consumption of API messages,
including, but not limited to, use with the following applications:
* Backup and Restore: Applications that allows users to create or restore
backups of messages or files and create and restore system images to repair
data in the event of data corruption, or data loss.
* Sentiment analysis: Applications that use natural language processing, text
analysis, computational linguistics, biometrics, and other techniques to
systematically identify, extract, quantify, and study affective states and
subjective information.
* Analytics and Insights: Applications offering continuous iterative
exploration and investigation of information to gain.
* Applications that do not qualify as a Security Application or Compliance
Application must query the Microsoft Teams APIs with model=B?query parameter.
The following terms and conditions apply to Microsoft Purview eDiscovery APIs in
Microsoft Graph:
* The End User must have one of the following Microsoft 365 E5 eligible
licenses: Microsoft 365 E5/A5/G5, Microsoft 365 E5 Compliance, or Microsoft
365 E5 eDiscovery & Audit.
* Microsoft will bill Customer for all commercial consumption of the data
generated in the review set that exceeds the included monthly seeded
allowance per End User tenant.
These terms and conditions supersede any terms and conditions contained
elsewhere, including the Microsoft APIs Terms of Use
[https://docs.microsoft.com/en-us/legal/microsoft-apis/terms-of-use].
AZURE DATABRICKS
Any third-party models that Microsoft makes available in Azure Databricks are
deemed Non-Microsoft Products.
MICROSOFT ENTRA ID BASIC
Customer may, using Single Sign-On, pre-integrate unlimited Applications/Custom
Applications per User SL. This covers Microsoft as well as third party
applications.
MICROSOFT ENTRA ID
Customer may, using Single Sign-On, pre-integrate SaaS Applications/Custom
Applications. Customer may not copy or distribute any data set (or any portion
of a data set) included in the Microsoft Identity Manager software that is
included with a Microsoft Entra ID (P1 and P2) User SL.
EXTERNAL USER ALLOWANCE
For each User SL (or equivalent Subscription License Suite) Customer assigns to
a user, Customer may also permit up to five additional External Users to access
the corresponding Microsoft Entra ID service level. This option is not available
to new customers nor customers using (or who have used) the service under a
Monthly Active User count. Only External Users can use the Microsoft Entra ID
External Identities pricing based on Monthly Active User count.
SQL MANAGED INSTANCE ENABLED BY AZURE ARC
USE RIGHTS
1. SQL Managed Instance enabled by Azure Arc licenses are not assigned to any
given Server and are therefore not subject to the License Assignment and
Reassignment clause.
2. Licenses are billed according to the terms of the license meter. Customer
must connect to Azure at least once every 30 days via direct connected mode
or indirect export mode to report usage data.
3. Notwithstanding the Outsourcing Software Management clause, Customer may run
SQL Managed Instance enabled by Azure Arc containers on Microsoft Azure, its
own devices, or devices under the day-to-day management and control of third
parties.
The terms of the DPA do not apply to processing of data in SQL Managed Instance
enabled by Azure Arc running in an environment outside of Microsoft’s control,
except to the extent any Personal Data is collected to enable Azure management
services and to meter usage for billing purposes.
EXTENDED SECURITY UPDATES ENABLED BY AZURE ARC
GENERAL REQUIREMENTS
Customer is authorized to apply Extended Security Updates enabled by Azure Arc
only to Operating System Environments (OSEs) that:
* Are covered by an active Software Assurance (SA) plan, or
* Have active subscription licenses, or
* Have been acquired as 'License-Included' services through a Service Provider
License Agreement (SPLA) partner.
In this context, "License-Included" refers to the scenario where Customer
licenses Windows Server or SQL Server directly from a SPLA partner, rather than
using their own licenses.
DISASTER RECOVERY AND DEV/TEST ENVIRONMENTS
Customer may apply Extended Security Updates enabled by Azure Arc to the
following OSEs for no additional cost:
* Customer’s entitled Disaster Recovery OSEs associated with its underlying
software licenses.
* Development, test, and related OSEs licensed with Microsoft Developer edition
licenses or Visual Studio subscriptions.
SQL SERVER REQUIREMENTS
For SQL Server 2012 Year 2 and subsequent versions, Customer is permitted to
apply Extended Security Updates enabled by Azure Arc only if the Licensed Server
is also covered with a SQL Server 2012 Year 1 Extended Security Updates license.
USE OF UPDATED SOFTWARE
Customer may continue to use updated software after coverage expires. However,
no future updates will be available if ESU subscription is terminated or
cancelled.
SQL SERVER ENABLED BY AZURE ARC
OUTSOURCING
Notwithstanding the Outsourcing Software Management clause, Customer may use SQL
Server enabled by Azure Arc on its own devices, or devices under the day-to-day
management and control of third parties, subject to the following exceptions:
* When using SQL Server enabled by Azure Arc with a license with Software
Assurance or a subscription license, as opposed to pay-as-you-go
subscription, Customer is only entitled to run SQL Server enabled by Azure
Arc on its own devices or Servers under the day-to-day management and control
of Authorized Outsourcers, regardless of whether those Servers are dedicated
to Customer.
* When using SQL Server enabled by Azure Arc with physical core licensing with
unlimited virtualization under a pay-as-you-go subscription, Customer is only
entitled to run SQL Server enabled by Azure Arc on its own devices or Servers
under the day-to-day management and control of Authorized Outsourcers,
regardless of whether those Servers are dedicated to Customer.
UNLIMITED VIRTUALIZATION
When using SQL Server enabled by Azure Arc with physical core licensing under a
pay-as-you-go subscription, an Enterprise edition license with Software
Assurance, or an Enterprise edition subscription license, customers may run any
number of instances of the software in any number of OSEs on the Licensed
Server, subject to the Outsourcing terms set forth above. Without limiting
Microsoft’s other remedies, if Customer fails to comply with these Outsourcing
terms for any OSEs, Customer may be charged for consumption based on virtual
core licensing for any period of non-compliance, and any physical core
licensing will not apply to offset such charge.
SQL SERVER – FAIL-OVER RIGHTS
For each of its Primary Workloads, Customer is entitled to:
* One Fail-over OSE for any purpose, including high availability, on any Server
(subject to the Outsourcing Software Management clause); and
* Two Fail-over OSEs specifically for disaster recovery purposes:
* One on any server (subject to the Outsourcing Software Management clause);
and
* One on Microsoft Azure servers, subject to Ratio of Qualified Licenses to
Azure vCores as stipulated in the Azure Hybrid Benefit terms for SQL
Server.
Customer may also run Primary Workloads and its disaster recovery Fail-over OSEs
simultaneously for brief periods of disaster recovery testing every 90 days.
Customer may perform the following maintenance-related operations for any
permitted Fail-over OSE:
* Database consistency checks or Checkdb
* Log Back-ups
* Full Back-ups
* Monitoring resource usage data
Fail-over OSEs permitted for disaster recovery must be asynchronous and
manual. Fail-over OSEs may not serve SQL Server data to users or devices or
otherwise run active SQL Server workloads. The number of licenses that otherwise
would be required for a Fail-over OSE must not exceed the number of licenses
required for the corresponding Primary Workload. These fail-over rights require
SA for both the Licensed Server and CALs, if any, and do not apply when Customer
deploys SQL Software under License Mobility through SA.
AZURE COMMUNICATION GATEWAY
Azure Communications Gateway is only available for use by Telecommunication
Service Providers. Notwithstanding anything to the contrary in Customer’s volume
licensing agreement, Microsoft has no defense obligation or liability for any
infringement claim for patents alleged to be infringed by the implementation of
any Standards in Azure Communications Gateway. Customer is responsible for
obtaining any required licenses directly from the holders of such rights.
AZURE COMMUNICATION SERVICES
ENABLEMENT OF GITHUB ADVANCED SECURITY FOR AZURE DEVOPS
In addition to a Licensed User permitting access to Azure DevOps, a customer
must activate GitHub Advanced Security for Azure DevOps for each repository
where the service is required, allowing Unique Committers to utilize the
service.
CUSTOMER RESPONSIBILITY
Azure Communication Services ("ACS") is a developer product and an input to
customers' applications. Customers are solely liable for their applications or
offerings that incorporate Azure Communication Services capabilities and
services.
NOTICES
The H.264/AVC Visual Standard notice in Notices section applies.
RECORDING AND TRANSCRIPTION
It is your responsibility to ensure that the users of your application are
notified when recording or transcription are enabled in a 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.
MICROSOFT TEAMS INTEROPERABILITY
Interoperability between Azure Communication Services and Microsoft Teams
enables your applications and users to participate in Teams calls, meetings, and
chat. In addition to existing charges in Teams for PSTN connectivity, you will
be charged consumption fees in Azure Communication Services.
When Teams users join Teams meetings on the Teams clients then the call is
covered by your Teams licenses. When a user makes a call using Azure
Communication Services or when a Teams user makes a call with ACS calling SDK it
will be charged based on Azure Communication Services fees.
LICENSE TERMS PRECEDENCE
Some Azure Communication Services, including private previews and 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 Service 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.
END USER INFORMATION
Except in instances required by law or regulation, Microsoft does not retain
information that identifies individual end users. Customer acknowledges that,
should it delete or de-link end user identifying information in its possession,
Microsoft shall have no responsibility to reconstitute the information.
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 telemarketing
laws and the U.S. Telephone Consumer Protection Act of 1991.
MESSAGING APPLICATION
ACS SMS and MMS services involve an integration between Microsoft and the
underlying carrier, aggregator, or operator ("Operator"). Microsoft must share
application details and/or campaign information with the Operator to ensure that
the program meets regulatory guidelines and standards set by operators. The
Operator is the final reviewer and approver of your service application. If the
details you provide on your application change, it is your responsibility to
resubmit your application with up-to-date information. By submitting an
application, you agree that Microsoft may share the application details as
necessary for provisioning the ACS messaging service.
MESSAGING POLICY
Customer and its end users shall comply with the Azure Communication Services
Messaging Policy. The Messaging Policy applies to SMS, MMS, and email
communications. Microsoft reserves the right to suspend or remove access to
Azure Communication Services for Customer or its end users that do not comply
with the Messaging Policy. The Messaging Policy is available at
https://docs.microsoft.com/azure/communication-services/concepts/telephony-sms/messaging-policy.
AZURE DEVOPS
USE FOR DEVELOPMENT AND TESTING
Customer may only access and use Azure DevOps to develop and test Customer’s
application(s). Only one Licensed User may access a virtual machine provided by
Azure DevOps at any time.
AUTHORIZED DEVELOPER
Customer appoints Microsoft as its authorized developer with respect to Apple
software included in Azure DevOps. Microsoft is responsible for complying with
the terms for any such software included in Azure DevOps and will keep
confidential any confidential information of Apple accessed as part of Azure
DevOps.
THIRD PARTY REPOSITORY SERVICE ACCESS
If Customer grants Microsoft access to its third-party repository service
account(s), Customer authorizes Microsoft to scan the account(s), including the
contents of Customer’s public and private repositories.
AZURE DEVTEST LABS
SECRETS IN DEVTEST LABS
Azure DevTest Labs automatically creates a key vault when a user saves a secret
for the first time. Customer may not use this key vault to store anything other
than DevTest Lab related passwords, SSH keys, or personal access tokens.
MICROSOFT DEV BOX
PERMITTED USAGE
Customer must use Microsoft Dev Box ("Dev Box") to design, develop, or test
applications. Other use is permitted if Customer is also using Dev Box for one
of the aforementioned purposes.
Dev Box is not eligible for the Azure Customer Solution clause in the General
Service Terms for Azure.
LICENSE PREREQUISITES
The Licensed User must be licensed with each of the following: Windows 10/11
Enterprise/Education, Intune, and Microsoft Entra ID P1/P2. In addition to being
available independently, all these licenses are also included in Microsoft 365
F3/E3/G3/E5/G5/A3/A5/Business Premium/Student Use Benefit.
NETWORK EGRESS
Microsoft reserves the right to restrict network egress due to high bandwidth
usage.
USE AS A SERVER
You may not use the service to perform server functions to devices outside of
the service or to third parties.
DISTRIBUTED COMPUTING
You may not use the service for sustained distributed computing or digital asset
transaction validation workloads.
DATA HANDLING
Windows 365 integrates data (including Customer Data) between other Microsoft
Products including Microsoft Entra ID, Microsoft Intune, Azure Virtual Desktop,
and other Online Services as configured by Customer, if any (collectively for
purposes of this provision the "Windows 365 Integrated Services"). Once data is
transferred between the Windows 365 Integrated Services, that data is governed
by the Product Terms applicable to the Product in which it resides.
MICROSOFT FABRIC
POWER BI
Customer's use of Power BI within Microsoft Fabric is subject to Power BI
service specific terms and notices terms provided under the Power BI Platform
section of these Online Services product terms.
AZURE HEALTH BOT SERVICE
CUSTOMER OBLIGATIONS
Customer is solely responsible for: (1) the accuracy and adequacy of information
and Data furnished through use of the Azure Health Bot Service; (2) implementing
a secure application-to-application authentication method between the Customer
Health Bot Application and the Azure Health Bot Service; (3) obtaining
appropriate consent from end users in connection with their use of the Customer
Health Bot Application; and (4) displaying appropriate warnings, disclaimers,
and acknowledgements to end users in connection with their use of the Customer
Health Bot Application, including, as applicable, those set forth in the
following form.
AZURE KUBERNETES SERVICE EDGE ESSENTIALS
USE RIGHTS AND CONDITIONS FOR USE
Customer may use Azure Kubernetes Service Edge Essentials (AKS EE) only on
Windows and Windows Server to host, manage, and service validly licensed
containers running validly licensed applications.
One (1) SL for AKS EE permits Customer to use AKS EE on one (1) physical device
or virtual machine.
NOTICES
The NVIDIA Components in Notices apply.
PRE-RELEASE FEATURES
Microsoft may provide pre-release features in AKS EE which are for preview
purposes only and may not be used in a production environment. Such pre-release
features may not work correctly or the way a final commercial version of the
features will. Microsoft may change the commercial versions of such features or
may not release commercial versions.
FEEDBACK
If Customer gives feedback about the pre-release features or AKS EE to
Microsoft, Customer gives to Microsoft, without charge, the right to use, share
and commercialize Customer feedback in any way and for any purpose. Customer
will not give feedback that is subject to a license that requires Microsoft to
license its software or documentation to third parties because Microsoft
includes Customer feedback in them. These rights survive Customer’s volume
licensing agreement.
AZURE KUBERNETES SERVICE ON AZURE STACK HCI AND 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 use and
(ii) to host, manage, and service validly licensed containers running validly
licensed applications.
Customer may use AKS as long as it is registered with Customer’s valid Azure
subscription in order to enable additional AKS functionality and to meter and
invoice Customer.
INCLUDED MICROSOFT APPLICATIONS
AKS may include other Microsoft applications. These license terms apply to those
included applications, if any, unless other license terms are provided with the
other Microsoft applications.
THIRD PARTY SOFTWARE
AKS may include third party components with separate legal notices or governed
by other agreements, as may be described in the ThirdPartyNotices file(s)
accompanying AKS or within AKS itself.
LICENSE RESTRICTIONS
Customer may not work around any mandatory registration or sign-up process for
AKS.
CUSTOMER SUPPORT
Any support for AKS is provided “as is”, “with all faults”, and without warranty
of any kind.
UPDATES
AKS may automatically download and install updates for you. You agree to receive
these automatic updates without any additional notice. Updates may not include
all existing software features, services, or peripheral devices.
AZURE LAB SERVICES
While Microsoft provides Azure Lab Services to Customer, as between Customer and
Microsoft, Customer is the sole provider of related services to Customer’s end
users and shall have sole and exclusive responsibility to end users, including
any support obligations. Customer’s end users are not a party to any agreement
with Microsoft regarding the services.
NOTIFICATION; LIABILITY; BAR ON ACTIONS AGAINST MICROSOFT
Customer will notify Microsoft promptly of any incidents that could have an
impact on Microsoft such as a data breach, password issues, end user
complaint(s), loss of user data, or intellectual property or privacy claims.
Customer acknowledges and agrees that Microsoft has no obligation or liability
to Customer or any end user for the end user’s usage of the service.
By using the service, an end user may not bring any action against Microsoft in
relation to the services. If any end user does bring an action against
Microsoft, the Indemnification provision in this section applies.
INDEMNIFICATION
Customer agrees to hold harmless and indemnify Microsoft from and against any
claim by an end user, third party, and/or regulatory authority in connection
with the service provided to end users. Customer shall pay any resulting
judgment, or settlement, and all costs, including reasonable attorney’s fees,
and expenses related thereto.
END USER TERMS
In order to provide the services to end users, Customer and Customer’s end users
must validly agree to a binding, written agreement that contain the substance of
the following requirements:
Statement of Relationship: Customer is the sole provider of the services.
Customer is responsible for providing any support to end users. The services
will be provided by Customer to Customer’s end users under your terms of use and
privacy policy.
Compliance; Acceptable Use: Customer is solely responsible for ensuring
compliance with all applicable laws, including, but not limited GDPR, with
respect to Customer’s provision and end users’ use of the service. In addition,
for clarity and without limiting the Acceptable Use Policy, Customer and
Customer’s end users may not use Azure Lab Services to facilitate or engage in
cryptocurrency mining. Violation of this prohibition may result in suspension of
the service, as set forth in the Acceptable Use Policy.
Disclaimer of Warranties: Customer will disclaim any and all warranties in
connection with the services, and Customer will disclaim the same with respect
to Microsoft.
Limitation of Liability and Exclusion of Damages: Customer will disclaim
liability and exclude damages in a way that is consistent with the provisions of
any applicable agreement(s) between Customer and Microsoft.
UPDATES
Customer is responsible for updating the virtual machines (VMs) in Customer’s
portfolio. Notwithstanding the foregoing, Microsoft may, but is not obligated
to, take any action it deems reasonable in its business judgment with respect to
the VMs in your portfolio, including applying any updates or other changes
generally applicable to the services.
AZURE MACHINE LEARNING SERVICE
NVIDIA COMPONENTS
Azure Machine Learning service 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 NVIDIA
Cloud End User License Agreement for Compute at
https://go.microsoft.com/fwlink/?linkid=874330.
MODEL CATALOG/REGISTRY
Any third-party models that Microsoft makes available in the Model Catalog
and/or Model Registry are deemed to be Non-Microsoft Products subject to the
terms for Non-Microsoft Products in these Microsoft Product Terms. Customer’s
use of any such third-party models is governed by the third-party license terms
provided in connection with the model.
AZURE MAPS
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 shorter. 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.
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/).
IMAGERY DATA
Azure Maps uses imagery from Microsoft Bing. Use of imagery content is subject
to the following:
* Customers may not use any means to subvert the restrictions listed above and
gain access to imagery content.
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
Customers may not remove, obscure, mask or change any logo and/or copyright
notice placed on or automatically generated by Azure Maps. In addition,
customers using the Azure Maps Render V2 API must use the “Get Map Attribution
service” to obtain the copyright attribution text and display it in their
applications.
AZURE ORBITAL
AUTHORIZATION REQUIRED
Customers may not use the Azure Orbital service to receive signals from or
transmit signals to a satellite space station without the authorization of its
operator. By subscribing to the Azure Orbital service, you represent to
Microsoft that your intended operations will occur only with the satellite
space-station operator’s consent.
AZURE PRIVATE 5G CORE
SOFTWARE LICENSE
Subject to the following terms and conditions, Microsoft grants you a
nonexclusive, limited, royalty-free, nontransferable right to use the Azure
Private 5G Core software solely as part of an Azure Private MEC Solution.
Customer agrees that it will only use Azure Private 5G Core after review by
Microsoft and may be required to assent to additional terms and conditions,
visit aka.ms/ap5gcvalidation.
AZURE STACK HCI
PRIVACY NOTICE
Microsoft will be a controller of Personal Data when customers turn on
collection of Windows diagnostic data as described in product documentation.
When Microsoft is a controller, Microsoft will handle this Personal Data in
accordance with the Microsoft Privacy Statement at aka.ms/privacy, and the Data
Protection Addendum terms do not apply.
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 a host operating system to manage and
service validly licensed virtual machines running validly licensed applications.
Any 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. 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.
LICENSE RESTRICTIONS
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.
CUSTOMER SUPPORT
Any customer support for Azure Stack HCI that may be available from Microsoft
requires that Azure Stack HCI runs on server hardware that is pre-validated and
listed in the Azure Stack HCI catalog or any successor.
AZURE STACK HUB
PRIVACY NOTICE
Microsoft will be a controller of Personal Data when customers turn on
collection of Windows diagnostic data as described in the Product documentation.
When Microsoft is a controller, Microsoft will handle this Personal Data in
accordance with the Microsoft Privacy Statement at aka.ms/privacy, and the Data
Protection Addendum terms do not apply.
If a Microsoft Cloud Agreement or Microsoft Customer Agreement Customer uses
Azure Stack Hub software or services that are hosted by a Reseller, such use
will be subject to Reseller’s privacy practices, which may differ from
Microsoft’s.
USE OF AZURE STACK HUB
Customer may use Azure Stack Hub only on the hardware on which it is
preinstalled.
USE OF THE DEFAULT PROVIDER SUBSCRIPTION
The subscription created for the system administrator during the Azure Stack Hub
deployment process (the default provider subscription) may be used solely to
deploy and manage the Azure Stack Hub infrastructure; it may not be used to run
any workload that does not deploy or manage Azure Stack Hub infrastructure (e.g.
it may not be used to run any application workloads).
AZURE STACK HUB PLAN
Customer may use Microsoft Azure Stack Hub on a Licensed Server, provided it
acquires a number of SLs equal to the number of Physical Cores on that Server.
Licenses are reduction eligible; however, ongoing use remains subject to the
requirement to retain licenses equal to the Physical Cores on the Server.
AZURE SQL EDGE
IOT DEVICE
Any IoT Device 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.
USE OF AZURE SQL EDGE
Customer may install and use any number of copies of the Azure SQL Edge software
on an IoT Device dedicated to Customer’s use and to which a License is assigned.
Notwithstanding anything to the contrary in Universal Terms for Online Services,
Customer may reassign a License at any time to other IoT Devices dedicated to
its use. If Customer installs any features or functionalities other than the
Azure SQL Edge software (whether derived from Microsoft or third party software)
on the IoT Device, then those other features or functionalities may be used only
to support the IoT Program.
The terms of the DPA do not apply to Azure SQL Edge installed on Customer’s IoT
Device, except to the extent any Personal Data is collected to enable Azure
management services and to meter usage for billing purposes, because the
operating environment of such IoT Devices is not under Microsoft’s control.
AZURE SQL MANAGED INSTANCE
SQL SERVER FAIL-OVER RIGHTS
Azure SQL Managed Instances include the following Fail-over entitlements:
* One geo-secondary specifically for disaster recovery purposes.
Customer will only be charged for compute, storage, and any associated services,
as applicable.
Customer may also run Primary Workload and its disaster recovery replica
simultaneously for brief periods of disaster recovery testing every 90 days, and
around the time of a disaster, for a brief period, to assist in the transfer
between them. Customer may perform the following maintenance-related operations
for any permitted replica:
* Database consistency checks or Checkdb
* Executing backups
* Monitoring resource usage data
The number of vCores used may not exceed the vCore size of the corresponding
Primary Workload, except for brief periods during upscaling, downscaling, and
failover events. Replicas may not serve SQL Server data to users or devices or
otherwise run active SQL Server workloads.
AZURE SQL SERVER VIRTUAL MACHINES
SQL SERVER FAIL-OVER RIGHTS
SQL Server Virtual Machines include the following Fail-over entitlements:
* One Fail-over OSE for any purpose, including high availability; and
* One Fail-over OSE specifically for disaster recovery purposes.
Customer will only be charged for compute, storage, and any associated services,
as applicable.
Customer may also run Primary Workload and its disaster recovery Fail-over OSE
simultaneously for brief periods of disaster recovery testing every 90 days, and
around the time of a disaster, for a brief period, to assist in the transfer
between them. Customer may perform the following maintenance-related operations
for any permitted Fail-over OSE:
* Database consistency checks or Checkdb
* Executing backups
* Monitoring resource usage data
Fail-over OSEs permitted for disaster recovery must be asynchronous and manual.
The number of vCores used may not exceed the vCore size of the corresponding
Primary Workload. Fail-over OSEs may not serve SQL Server data to users or
devices or otherwise run active SQL Server workloads.
AZURE SQL DATABASE
SQL SERVER FAIL-OVER RIGHTS
Azure SQL Database include the following Fail-over entitlements:
* One geo-secondary specifically for disaster recovery purposes.
Customer will only be charged for compute, storage, and any associated services,
as applicable.
Customer may also run Primary Workload and its disaster recovery replica
simultaneously for brief periods of disaster recovery testing every 90 days, and
around the time of a disaster, for a brief period, to assist in the transfer
between them. Customer may perform the following maintenance-related operations
for any permitted replica:
* Database consistency checks or Checkdb
* Monitoring resource usage data
The number of vCores used may not exceed the vCore size of the corresponding
Primary Workload, except for brief periods during upscaling, downscaling, and
failover events. Replicas may not serve SQL Server data to users or devices or
otherwise run active SQL Server workloads.
AZURE VIRTUAL DESKTOP PER USER ACCESS
DEFINITIONS
“End User” means a third-party individual that acquires Azure Virtual Desktop
Customer Solution from Customer for End User’s own internal use (without the
right to resell or redistribute it).
“Azure Virtual Desktop Customer Solution” means an application or any set of
applications that adds primary and significant functionality to the Azure
Virtual Desktop.
USE RIGHTS
Azure Virtual Desktop per user access licenses are only available for Customer’s
external commercial purposes to serve Azure Virtual Desktop Customer Solutions
to third parties on Azure. Customer may not use the licenses acquired under this
model for internal purposes. Customer may assign no more than one million user
identities licensed under this model to its Azure Virtual Desktop session hosts.
To access Azure Virtual Desktop for internal business purposes Customer may
acquire select Windows Enterprise and Microsoft 365 licenses. Please see the
relevant product sections for more details.
END USER ENTITLEMENTS
End Users may connect to up to five Azure Virtual Desktop session hosts at once.
HOSTING ENTITLEMENT
The General Service Terms Azure Customer Solution clause does not apply.
Notwithstanding the general restrictions in Customer’s agreement that preclude
reselling, redistributing, or using the Products to offer commercial hosting
services to third parties, Customer may, subject to the conditions set forth
below:
Combine Azure Virtual Desktop per user access licenses with applications owned
or licensed by Customer or a third party to create an Azure Virtual Desktop
Customer Solution solely for use on Microsoft Azure, and permit End Users to
access and use Azure Virtual Desktop per user access licenses in connection with
the use of that Azure Virtual Desktop Customer Solution on a rental,
subscription or services basis (whether or not a fee for such use is paid).
ADDITIONAL TERMS
Indemnification. Customer agrees to defend Microsoft from and against any claim
by an End User, third party, and/or regulatory authority arising from, or in
connection with, the Azure Virtual Desktop Customer Solution provided to End
Users. Customer will pay the amount of any adverse final judgment or approved
settlement resulting from a claim covered by this section. The obligations
under this section are not subject to the limitation of liability or exclusion
of certain damages under Customer’s volume licensing agreement.
Support. Microsoft is not obligated to provide support services to Customer or
its End Users in connection with the Azure Virtual Desktop Customer Solution.
Customer alone is responsible for providing technical support to End Users for
all aspects and components of the Azure Virtual Desktop Customer Solution,
either itself or by obtaining and continuously maintaining support for its End
Users through Microsoft or a third party. Customer must inform End Users of this
fact. Any support from Microsoft for questions or issues that arise as part of
Customer’s support of the Azure Virtual Desktop Customer Solution must be
obtained under a separate support services agreement.
END USER AGREEMENT REQUIREMENTS
Company must:
* Notify each End User before or at the time of purchase (in the appropriate
language versions for the locations in which Company will deliver the Azure
Virtual Desktop Customer Solution) that the Azure Virtual Desktop Customer
Solution contains Microsoft technology that is subject to certain license
terms and that the End User must agree to the license terms before using the
Product.
* Include the following acknowledgment in the credit screen or about screen and
documentation of any Azure Virtual Desktop Customer Solution: "© Copyright
2021 Microsoft Corporation. All rights reserved.”
* Present and execute license terms in a manner that forms a contract binding
the End User under applicable law. Such license terms must contain the
substance of the requirements contained in the following exemplar:
TERMS AND CONDITIONS REGARDING USE OF MICROSOFT SOFTWARE & ONLINE SERVICES
This document governs the use of software and online services (“Software
Services”) that [insert Service Provider’s name] (“Service Provider”) provides
to you on a rental, subscription or services basis, and that include Microsoft
software and online services (“Microsoft Products”). Service Provider does not
own the Microsoft Products and the use thereof is subject to certain rights and
limitations of which Service Provider must inform you. Your right to use the
Microsoft Products is subject to the terms of your agreement with Service
Provider, and to your understanding of, compliance with, and consent to the
following terms and conditions, which Service Provider does not have authority
to vary, alter, or amend.
1. OWNERSHIP OF MICROSOFT PRODUCTS. The Microsoft Products are licensed to
Service Provider from an affiliate of the Microsoft Corporation
(collectively “Microsoft”). Microsoft Products are protected by copyright
and other intellectual property rights. Microsoft Products and related
elements including but not limited to any images, photographs, animations,
video, audio, music, text and “applets” incorporated into the Microsoft
Products are owned by Microsoft or its suppliers. You may not remove,
modify or obscure any copyright trademark or other proprietary rights
notices that are contained in or on the Microsoft Products. The Microsoft
Products are protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties. Your
possession, access, or use of the Microsoft Products does not transfer any
ownership of the Microsoft Products or any intellectual property rights to
you.
2. USE OF SOFTWARE SERVICES. You may use the Software Services only in
accordance with your agreement with Service Provider and these terms.
These terms permanently and irrevocably supersede the terms of any
Microsoft End User License Agreement that may be presented in electronic
form during the installation and/or use of the Software Services.
3. COPIES. You may not make any copies of the Products.
4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY. You may
not reverse engineer, decompile, or disassemble the Products, except and
only to the extent that applicable law, notwithstanding this limitation,
expressly permits such activity.
5. NO RENTAL. You may not rent, lease, lend, pledge, or directly or
indirectly transfer or distribute the Products to any third party, and may
not permit any third party to have access to and/or use the functionality
of the Products except for the sole purpose of accessing the functionality
of the Products in the form of Software Services in accordance with the
terms of this agreement and any agreement between you and Service Provider.
6. TERMINATION. Without prejudice to any other rights, Service Provider may
terminate your rights to use the Products if you fail to comply with these
terms and conditions. In the event of termination or cancellation of your
agreement with Service Provider or Service Provider’s agreement with
Microsoft under which the Products are licensed, you must stop using and/or
accessing the Products, and destroy all copies of the Products and all of
their component parts within thirty (30) days of the termination of your
agreement with Service Provider.
7. NO WARRANTIES, LIABILITIES OR REMEDIES BY MICROSOFT. Microsoft disclaims,
to the extent permitted by applicable law, all warranties and liability for
damages by Microsoft or its suppliers for any damages and remedies whether
direct, indirect or consequential, arising from the Software Services. Any
warranties and liabilities are provided solely by Service Provider and not
by Microsoft, its affiliates or subsidiaries.
8. PRODUCT SUPPORT. Any support for the Software Services is provided to you
by Service Provider or a third party on Service Provider’s behalf and is
not provided by Microsoft, its suppliers, affiliates or subsidiaries.
9. NOT FAULT TOLERANT. The Products are not fault-tolerant and are not
guaranteed to be error free or to operate uninterrupted. You must not use
the Products in any application or situation where the Product(s) failure
could lead to death or serious bodily injury of any person, or to severe
physical or environmental damage (“High Risk Use”).
10. EXPORT RESTRICTIONS. The Products are subject to U.S. export jurisdiction.
You must comply with all applicable laws including the U.S. Export
Administration Regulations, the International Traffic in Arms Regulations,
as well as end-user, end-use and destination restrictions issued by U.S.
and other governments. For additional information, see
http://www.microsoft.com/exporting/.
11. LIABILITY FOR BREACH. In addition to any liability you may have to the
Service Provider, you agree that you will also be legally responsible
directly to Microsoft for any breach of these terms and conditions.
12. INFORMATION DISCLOSURE. You must permit Service Provider to disclose any
information requested by Microsoft under the Service Provider’s Agreement.
Microsoft will be an intended third-party beneficiary of your agreement
with Service Provider, with the right to enforce provisions of your
agreement with Service Provider and to verify your compliance.
13. PRIVACY AND DATA PROTECTION. The Software Service will be provided by
Service Provider you under its privacy policy.
AZURE VMWARE SOLUTION
PROFESSIONAL SERVICES DATA TRANSFER TO VMWARE
If customer contacts Microsoft for technical support relating to Azure VMware
Solution and Microsoft must engage VMware for assistance with the issue,
Microsoft will transfer the Professional Services Data and the Personal Data
contained in the support case to VMware. The transfer is made subject to the
terms of the Support Transfer Agreement between VMware and Microsoft, which
establishes Microsoft and VMware as independent processors of the Professional
Services Data. Before any transfer of Professional Services Data to VMware will
occur, Microsoft will obtain and record consent from customer for the transfer.
VMWARE DATA PROCESSING AGREEMENT
Once Professional Services Data is transferred to VMware (pursuant to the above
section), the processing of Professional Services Data, including the Personal
Data contained the support case, by VMware as an independent processor will be
governed by the VMware Data Processing Agreement for Microsoft AVS Customers
Transferred for L3 Support
(https://rc.portal.azure.com/verifyLink?href=https%3A%2F%2Fwww.vmware.com%2Fvmware-dpa-for-avs-customers.html&id=Microsoft_Azure_Marketplace).
Customer also gives authorization to allow its representative(s) who request
technical support for Azure VMware Solution to provide consent on its behalf to
Microsoft for the transfer of the Professional Services Data to VMware.
DEPLOYMENT AND USAGE INFORMATION
Customer authorizes Microsoft to share with VMware its status as a customer of
Azure VMware Solution and associated Azure VMware Solution deployment and usage
information.
AZURE AI SERVICES
For the purposes of this section, “Services” means collectively the Azure AI
Services.
PRODUCT DOCUMENTATION
Microsoft may provide technical documentation regarding the appropriate
operation applicable to the Services (including the applicable developer
guides), which is made available online by Microsoft and updated from time to
time. Customer acknowledges and agrees that it has reviewed this documentation
and will use the Services in accordance with such documentation, as applicable.
Some Services are intended to process Customer Data that includes Biometric Data
(as may be further described in product documentation) which Customer may
incorporate into its own systems used for personal identification or other
purposes. Customer acknowledges and agrees that it is responsible for complying
with the Biometric Data obligations contained in the Online Services DPA
(https://aka.ms/DPA).
LIMIT ON CUSTOMER USE OF SERVICE OUTPUT
Customer will not use, and will not allow third parties to use the Services or
data from the Services to create, train, or improve (directly or indirectly) a
similar or competing product or service.
LIMITED ACCESS SERVICES
Certain Services (or versions thereof) require registration and are subject to
limitations on access and use based on Microsoft’s eligibility and use criteria,
as updated by Microsoft from time to time (“Limited Access Services”). The
following Azure AI Services are Limited Access Services:
* Azure AI Speech text to speech custom neural voice
* Azure AI Vision Face API
* Azure AI Vision celebrity recognition
* Azure AI speaker recognition
* Azure Video Indexer Applied AI Service
* Azure OpenAI Service
* Azure OpenAI Service (Modified Content Filtering/Abuse Monitoring)
NOTE: In addition to the services listed here, (i) Azure AI Services Previews
may be designated, in applicable preview terms, as subject to Limited Access
Services terms; and (ii) certain versions of Azure AI Services, such as versions
in containers, may be designated, in product documentation or otherwise, as
subject to Limited Access Services terms.
Customer may only use Limited Access Services (including when used in a Customer
Solution) in accordance with the applicable Product Terms, product
documentation, and these Limited Access Services terms; solely for the permitted
uses specified in its registration form; and in accordance with any commitments
and/or representations made in its Limited Access Services registration form.
Customer will provide current, complete, and accurate information in all
registration forms and other materials provided to Microsoft pursuant to these
Limited Access Service terms. Microsoft may require Customer from time to time
to re-verify that all information submitted to Microsoft regarding Customer and
Customer’s use of the Limited Access Services remains accurate, complete, and up
to date, and that Customer is using the Limited Access Services in accordance
with the information submitted and these terms. Customer must respond to
requests for re-verification from Microsoft within ten (10) business days of
receiving a request (requests may be provided via self-certification Azure
tools). If Microsoft needs additional information to assure compliance with
these terms or eligibility for access to Limited Access Services, Customer will
reasonably cooperate with Microsoft to provide such information within thirty
(30) business days of request.
Microsoft may re-assess Customer’s eligibility to access and use Limited Access
Services from time to time. If Microsoft determines that Customer no longer
meets Microsoft’s eligibility and use criteria for a Limited Access Service (or
that Customer does not meet eligibility and use criteria for a Service that has
become a Limited Access Service), Microsoft will provide Customer with 12
months’ notice before discontinuing Customer’s access to and use of that Limited
Access Service, unless security, legal, or system performance considerations
require an expedited discontinuation of access. This does not apply to Previews
and does not affect any other rights and remedies available to Microsoft with
respect to Customer’s use of Services.
In addition to Microsoft’s right to discontinue access to and use of a Limited
Access Service when Customer no longer meets Microsoft’s eligibility and use
criteria (or Customer does not meet eligibility and use criteria for a Service
that has become a Limited Access Service), Microsoft may limit, suspend or
terminate Customer’s access to a Limited Access Services for non-compliance with
any of the terms in this section (including without limitation Customer’s use of
a Limited Access Service in a manner that is inconsistent with the Customer’s
Limited Access Service registration form or with requirements in applicable
product documentation), without advance notice but only to the extent
reasonably necessary under the circumstances.
AZURE OPENAI SERVICE
In addition to the Universal Terms for Online Services applicable to Microsoft
Generative AI Services and the Limited Access Services terms above, the
following terms apply to the use of the Azure OpenAI Service.
* Data Use and Access for Abuse Monitoring: Except for the Limited exception
below, as part of providing the Azure OpenAI service, Microsoft will
temporarily store Inputs and Output Content, solely to monitor for and
prevent abusive or harmful uses or outputs of the service. Authorized
Microsoft employees may review such data that has triggered our automated
systems to investigate and verify potential abuse. For customers who have
deployed Azure OpenAI service in the European Economic Area, the authorized
Microsoft employees will be located in the European Economic Area. See the
Azure OpenAI product documentation
https://learn.microsoft.com/azure/ai-services/openai/ for more information.
* Limited exception. The foregoing Data Use and Access for Abuse Monitoring
terms will not apply if and to the extent Customer is approved for and
complies with all requirements to use the Azure OpenAI Service with Modified
Abuse Monitoring.
* Location of Data Processing: Notwithstanding the Location of Data Processing
provision in the Universal Terms applicable to Microsoft Generative AI
Services, the commitments related to the location of data processing and
storage in the Product Terms Privacy & Security Terms for Microsoft Azure
Core Services remain in effect for Azure OpenAI Service.
AZURE AI STUDIO
Integrated Services: Azure AI Studio is a service that brings together
capabilities from multiple Azure AI services. The product terms for services
accessed through Azure AI Studio apply including, but not limited to, terms for
Azure Machine Learning and Azure AI Services.
Model Catalog/Registry: Any third-party models that Microsoft makes available in
the Model Catalog and/or Model Registry are Non-Microsoft Products and subject
to the terms for Non-Microsoft Products. Microsoft may make models available in
the Model Catalog as First-Party Consumption Services subject to the Azure
availability clause.
AZURE AI SPEECH TEXT TO SPEECH (TTS) CUSTOM NEURAL VOICE AND USE OF SYNTHETIC
VOICES
Permissions: Customer represents, warrants and certifies that (i) it has
explicit written permission from the voice owner(s) contained within its audio
files (“Voice Talent”) to use their personal data, including his/her voice
likeness to create voice model(s) (“Synthetic Voice(s)”), (ii) Customer’s
agreement(s) contemplate the duration of use of the Synthetic Voice and any
content limitations and (iii) Customer has shared Microsoft’s disclosure
guidance for voice talent (https://aka.ms/disclosure-voice-talent) with Voice
Talent directly or through Voice Talent’s authorized representative that
describes how synthetic voices are developed and operate in conjunction with
text to speech services. Microsoft reserves the right to require Customer to
provide audio files containing acknowledgements by Voice Talent(s). Customer
acknowledges and agrees that Microsoft may use this to perform speaker
verification against Customer’s audio training files; however, Microsoft’s
retention of audio files does not create or imply an obligation that Microsoft
will perform speaker verification.
Permitted uses: In addition to compliance with the Acceptable Use Policy, the
code of conduct (available at https://aka.ms/custom-neural-code-of-conduct) sets
the minimum requirements that all TTS implementations must adhere to in good
faith. Customer shall have the exclusive right to use the Synthetic Voice(s)s
created by Customer and made available through use of the Services.
Notwithstanding the foregoing or anything to the contrary in the DPA, Customer
acknowledges and agrees that Microsoft may retain a copy of each Synthetic Voice
created by Customer and may, but is not obligated to, use the Synthetic Voice(s)
to investigate and respond to any alleged violations of the service terms.
Customer agrees and grants Microsoft a limited nonexclusive irrevocable
worldwide license to retain acknowledgment audio voice consent file(s)s and a
copy of the Synthetic Voice(s) for the limited purposes above. Customer is
required to secure and maintain all rights necessary for Microsoft to retain and
use the acknowledgment audio files and Synthetic Voice(s) as described in this
section without violating the rights of Voice Talent(s) or any other third party
or otherwise obligating Microsoft to Customer, Voice Talent or any other third
party. This paragraph will survive termination or expiration of Customer’s
agreement.
MICROSOFT TRANSLATOR ATTRIBUTION
When displaying automatic translations performed by Microsoft Translator,
Customer will provide reasonably prominent notice that the text has been
automatically translated by Microsoft Translator.
SERVICES IN CONTAINERS
Services features that are available in containers are licensed to Customer
under this agreement as Online Services, and the containers are also subject to
the terms for Use of Software with the Online Service. Customer may install and
use any number of containers on Customer’s hardware devices that are dedicated
to Customer’s exclusive use, subject to the conditions specified below for
connected and disconnected containers, respectively. For containers installed on
dedicated hardware that is under the management or control of an entity other
than Customer or one of its Affiliates, the Outsourcing Software Management
clause of the Universal License Terms for All Software.
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.
The containers include material that is confidential and proprietary to
Microsoft. Customer agrees to keep that material confidential and to promptly
notify Microsoft if Customer becomes aware of any possible misappropriation or
misuse.
Because the operating environment of containers installed on Customer’s
dedicated hardware is not under Microsoft’s control, the terms of the DPA do not
apply to those containers, except to the extent a) any Personal Data is
collected in connection with a billing endpoint, or b) Customer Data is provided
to Microsoft for custom model training prior to download of the Service
operating in the container.
Connected Containers: Connected containers are designed to connect to a billing
endpoint. Customer must configure any connected containers it uses to
communicate with the billing endpoint so that the billing endpoint meters all
use of the container(s). In addition to the rights to install and use containers
on dedicated hardware, Customer may also install and use any number of connected
containers in Customer's Microsoft Azure Service accounts; all rights to install
and use connected containers are subject to Customer’s enabling and maintaining
metering for all such containers.
Disconnected Containers: Disconnected containers are intended for use with no
online connectivity to an Azure billing endpoint. Disconnected containers are
subject to the terms for Limited Access Services. Disconnected containers have
limited capacity workloads and usage is measured in units. As specified in the
terms for Purchasing Microsoft Azure Services, Customer must pay upfront for a
commitment tier at the number of units necessary to meet Customer’s actual
service usage for each license period. Customer has the rights specified above
to install and use disconnected containers on dedicated hardware provided that
the aggregate service usage in all Customer’s disconnected containers does not
exceed the usage for which Customer has paid for the applicable license period.
Disconnected container units expire at the end of the license period, and
Customer must activate (or reactivate, as applicable) disconnected container
units before the beginning of the next license period. If Customer fails to
reactive a disconnected container prior to the expiration of the applicable
license period, the disconnected container will stop operating after the license
expires.
INACTIVE SERVICES CONFIGURATIONS AND CUSTOM MODELS
For the purposes of data retention and deletion, a Services configuration or
custom model that has been inactive may at Microsoft’s discretion be treated as
an Online Service for which the Customer’s subscription has expired. A
configuration or custom model is inactive if for 90 days (1) no calls are made
to it; (2) it has not been modified and does not have a current key assigned to
it and; (3) Customer has not signed in to it.
DEFENDER FOR CLOUD – USE ON DEVICS MANAGED BY THIRD-PARTIES
Notwithstanding the Outsourcing Software Management clause, Customer may use
Defender for Cloud with workloads running on Microsoft Azure, its own devices,
or devices under the day-to-day management and control of third parties.
EXPRESS ROUTE GLOBAL REACH
Express Route Global Reach is an Azure Service offering data transport
capabilities to Express Route users in certain locations. Express Route Global
Reach is provided by the Microsoft Affiliate authorized in a given country to
administer it. Pricing for Express Route Global Reach may include applicable
taxes and fees. Express Route Global Reach terms may vary from country to
country. All included taxes, fees and country-specific terms of use are
disclosed in the terms of use available at
https://aka.ms/CommunicationServicesTerms.
EXTENDED USE RIGHTS FOR MICROSOFT DEFENDER FOR IDENTITY CUSTOMERS
Customer may also install and use Advanced Threat Analytics locally to manage
client OSEs (or Server OSEs used as client OSEs) that are used solely by users
to whom licenses are assigned. This right expires when Customer’s subscription
expires.
MICROSOFT GENOMICS
MICROSOFT GENOMICS PRIVACY
The Microsoft Privacy Statement located at https://aka.ms/privacy applies to
Customer’s use of Microsoft Genomics, except that this Microsoft Genomics
section controls to the extent it conflicts with the Microsoft Privacy
Statement.
BROAD LICENSE TERMS
Microsoft Genomics includes access to the Genetic Analysis Toolkit (GATK) from
the Broad Institute, Inc. ("Broad"). Use of the GATK and any related
documentation as part of Microsoft Genomics is also subject to Broad’s GATK End
User License Agreement ("Broad EULA" located here
https://software.broadinstitute.org/gatk/eula/index?p=Azure).
Microsoft may collect and share with Broad certain statistical and technical
information regarding Customer’s usage of the GATK. Customer authorizes
Microsoft to report to Broad Customer’s status as a user of the GATK in
Microsoft Genomics.
NO MEDICAL USE
Microsoft Genomics is not a medical device and outputs generated from its use
are not intended to be statements of fact, nor are they to be used as a
substitute for medical judgment, advice, diagnosis or treatment of any disease
or condition.
MULTI-CLOUD SCANNING CONNECTORS FOR MICROSOFT PURVIEW
To enable interoperability with Customer’s deployments with other cloud
providers, Microsoft may operate within such other clouds certain optional,
discrete data scanner functionality for Customer’s data hosted in such other
clouds (the “Multi-Cloud Scanning Connectors for Microsoft Purview”). Microsoft
will disclose in its documentation how Customer may enable and use the
Multi-Cloud Scanning Connectors for Microsoft Purview. For clarity, the
Multi-Cloud Scanning Connectors for Microsoft Purview is a separate add-on to
Microsoft Purview. The Multi-Cloud Scanning Connectors for Microsoft Purview is
not a Microsoft Azure Core Service and the following sections of the DPA do not
apply to the Multi-Cloud Scanning Connectors for Microsoft Purview: "Educational
Institutions", "CJIS Customer Agreement", "HIPAA Business", and "Appendix A -
Security Measures".
With respect solely to the Multi-Cloud Scanning Connectors for Microsoft
Purview, the following modifications to the DPA apply:
* Data Access: Microsoft employs least privilege access mechanisms to control
access to Customer Data (including any Personal Data therein). Microsoft
employs role-based access controls to ensure that Microsoft’s access to
Customer Data required for service operations is for an appropriate purpose
and approved with management oversight.
* Auditing Compliance: Microsoft’s commitments in the Auditing Compliance
section of the DPA do not extend to third-party computers, computing
environments or physical data centers used by the Multi-Cloud Scanning
Connectors for Microsoft Purview.
Standard data protection terms offered by those other cloud providers govern
your use of the Multi-Cloud Scanning Connectors for Microsoft Purview while the
add-on is hosted in such other clouds.
VISUAL STUDIO APP CENTER
VISUAL STUDIO APP CENTER TEST PRIVACY AND SECURITY TERMS
The privacy statement located at https://aka.ms/actestprivacypolicy applies to
Customer’s use of Visual Studio App Center Test. Customer may not use Visual
Studio App Center Test to store or process Personal Data. Please refer to the
Product documentation for more information.
USE FOR DEVELOPMENT AND TESTING
Customer may only access and use Visual Studio App Center to develop and test
Customer’s application(s). Only one Licensed User may access a virtual machine
provided by Visual Studio App Center at any time.
AUTHORIZED DEVELOPER
Customer appoints Microsoft as its authorized developer with respect to Apple
software included in Visual Studio App Center. Microsoft is responsible for
complying with the terms for any such software included in Visual Studio App
Center and will keep confidential any confidential information of Apple accessed
as part of Visual Studio App Center.
THIRD PARTY REPOSITORY SERVICE ACCESS
If Customer grants Microsoft access to its third-party repository service
account(s), Customer authorizes Microsoft to scan the account(s), including the
contents of Customer’s public and private repositories.
ADD-ONS
Customer may acquire Add-ons subject to the following conditions:
1. Customer must have active SA or an active User SL for the corresponding
Qualifying Licenses
2. Customer may acquire one Add-on SL for each Qualifying License(s), unless
provided otherwise in these terms
3. Customer may acquire add-on SLs between true-up dates in advance of the
acquisition of the Qualifying Licenses
Add-ons expire upon the earlier of the expiration of the SA coverage for the
Qualifying License or the Add-on SL term, unless provided otherwise in these
terms. Add-ons may only be reassigned to users or devices with Qualifying
Licenses.
MICROSOFT AZURE USER PLANS
Qualifying License(s)Add-on User Subscription License(s)Advanced Threat
Analytics 2016 Client Management License per UserMicrosoft Defender for Identity
Client Management License Add-on (User SL
--------------------------------------------------------------------------------
RELATED RESOURCES
Please note these resources are provided for reference purposes only and are not
considered to be part of the Product Terms. To see more versions and languages
click here.
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Azure SQL | Product Website
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SQL Server on Virtual Machines | Product Website
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Azure SQL documentation | Docs Website
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Azure Information Protection pricing | Product Website
Windows Server on Azure | Product Website
Microsoft Azure | Licensing Website
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Contact Azure Sales | Product Website
Azure Reserved VM Instances (RIs) | Product Website
Azure pricing FAQ
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Manage your Azure account | Product Website
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Microsoft Azure - Offers and Licensing | Microsoft Partner Network
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Azure Active Directory documentation | Docs Website
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Azure free account FAQ
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Microsoft Azure Customer Solution
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