Microsoft Azure Services
Showing terms for the Enterprise/Enterprise Subscription/Server and Cloud Enrollments (EA/EAS/SCE) program. Not all terms apply to all products and programs. Get help selecting a program.
|Azure SQL Edge (per Device)||Additional Product|
|Microsoft Azure Services||Additional Product|
|Microsoft Translator API||Additional Product|
Provides additional information related to acquiring the Product, such as prerequisites for purchase, prior versions, and the applicable Product Pool.
|Product Conditions - General|
|Terms of Service||Universal License Terms for all Online Services|
|Product Conditions - Program Specific|
|Extended Term Eligible||Until canceled for Microsoft Azure Services|
|Qualified User Exemption||None|
|Reduction Eligible||Microsoft Translator API, Allocated Annual prepayment for Microsoft Azure Services|
|Reduction Eligible (SCE)||Allocated Annual prepayment for 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. See the Microsoft Azure User Plans, Azure Infrastructure Plans, or Azure Support Plans for more details.
Allocated Annual prepayment means, if Customer elects annual invoicing, the portion of the Azure prepayment allocated annually through the Enrollment term.
Azure Reservations means an advanced purchase of eligible Microsoft Azure Services for a specified term and region (e.g. Reserved VM Instances, Reserved Software Instances, etc.).
Consumption Rates means the prices for Microsoft Azure Services or, for certain Microsoft Azure Service Plans, any usage in excess of a specified quantity. Consumption Rates may also be referred to as “Overage Rates” or “Overage” in other Microsoft or Microsoft Azure documents.
Microsoft Azure Services Plan means a subscription to one of the individual Microsoft Azure Services identified below as a Microsoft Azure Services Plan. Other than Azure Stack Hub, Services purchased as a Microsoft Azure Services Plan are not eligible for the Hosting Exception in the Online Services Terms.
Azure Prepayment means the total monetary amount a customer commits to pay during the term of the subscription for its use of eligible Microsoft Azure Services.
Except as described below for Azure Reservations, Customer may only subscribe to Microsoft Azure Services (including Microsoft Azure Services Plans) for a subscription term that ends on the end date of Customer’s Enrollment (“coterminous”). Customer must have at least two months remaining in its Enrollment term in order to subscribe to Microsoft Azure Services. 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.
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 Enrollment 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 Enrollment (the “Annually Prepaid Option”). Under the Fully Prepaid Option, any unused Azure prepayment will be forfeited at the end of the Enrollment, and under the Annually Prepaid Option, any unused Allocated Annual prepayment will be forfeited on the following Enrollment anniversary date. Customer may contact Microsoft or Customer’s reseller about increasing its Azure prepayment or reducing its Allocated Annual prepayment for any future Enrollment 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.
- Automatic Provisioning: As part of the Server and Cloud Enrollment, Customers who have not ordered Microsoft Azure Services as part of their Enrollment may receive an activation email from Microsoft inviting them to provision Microsoft Azure Services under their Enrollment without a Azure prepayment.
- 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. 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.
Microsoft may offer lower prices to Customer (or Customer’s reseller) for individual Microsoft Azure Services during Customer’s Enrollment term on a permanent or temporary (promotional) basis.
Payment and Fees
- 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).
- 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 Enrollment effective date.
- 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 Enrollment month.
- 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.
- 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.
- 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.
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.
- 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.
- 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).
- Assignment: allows Customer to apply an Azure Reservation to a single (scoped) subscription of the enrollments/account(shared).
Azure Hybrid Benefit
Microsoft Azure Hybrid Benefit for Windows Server
Under the Microsoft Azure Hybrid Benefit for Windows Server, Customer may use Windows Server Virtual Machines in Customer's Microsoft Azure service accounts and pay for the cost of compute only (the “Base Instance”). Customer must indicate that it is using Windows Server under the Azure Hybrid Benefit for Windows Server when creating or configuring a virtual machine on Azure. The Online Services Terms govern use of Windows Server under this benefit. Customer may not concurrently allocate Windows Server Licenses to Azure Hybrid Benefit and assign the same Licenses to its Licensed Servers, except on a one-time basis, for a period not to exceed 180 days, to allow Customer to migrate the same workloads to Azure. On the earlier of completion of migration to Azure or 180 days from the start of migration, Licenses will be deemed “assigned to Azure”. Customer may later reassign Licenses back to its Licensed Servers, provided Licenses remain assigned to Azure for a minimum of 90 days.
Except as provided below for Windows Server Datacenter Licenses allocated as described in “Unlimited Virtualization Rights, each Windows Server processor License with SA, and each set of 16 Windows Server core Licenses with SA, entitles Customer to use Windows Server on Microsoft Azure on up to 16 Virtual Cores allocated across two or fewer Azure Base Instances. Each additional set of 8 core Licenses with SA entitles use on up to 8 Virtual Cores on one Base Instance. Customer may use Standard or Datacenter software.
Special Use Rights for Windows Server Datacenter Licenses
As exceptions to the general terms governing allocation of licenses and use of Windows Server under the Azure Hybrid Benefit for Windows Server:
- Unlimited Virtualization Rights. Customer may use Windows Server in any number of Base Instances on an Azure Dedicated Host or other dedicated physical host in Azure, provided Customer allocates Windows Server Datacenter Licenses with SA for all of the Physical Cores available to Customer on that Azure server. Concurrent use on Azure Dedicated Host or other dedicated physical host in Azure and Customer’s Licensed Servers is limited to the same 180 day migration period.
- Dual Use Rights. When exercised in connection with Datacenter Licenses with SA, the Azure Hybrid Benefit for Windows Server provides rights to simultaneously deploy and use the software on Azure and on Licensed Servers in Customer’s data centers. Dual use rights do not apply in the case of Licenses allocated as described in “Unlimited Virtualization Rights.”
Microsoft Azure Hybrid Benefit for SQL Server
Under the Microsoft Azure Hybrid Benefit for SQL Server, for each SQL Server License covered with SA (“Qualified License”), Customer may consume in its Microsoft Azure services accounts the Microsoft Azure Data Services identified in the table below in the indicated ratios. If a customer wishes to use Azure Hybrid Benefit for SQL Server to consume two or more Microsoft Azure Data Services, one or more Licenses must be allocated for each service.
|Qualified License||Microsoft Azure Data Service1||Ratio of Qualified Licenses to Azure vCores|
|SQL Server Enterprise (Core)||Azure SQL Database (Elastic Pool and Single Database)/Azure SQL Managed Instance – General Purpose||1 Core License:4 vCores|
|Azure SQL Database (Elastic Pool and Single Database)/Azure SQL Managed Instance – Business Critical||1 Core License:1 vCore|
|Azure SQL Database (Single Database)/Azure SQL Managed Instance - Hyperscale||1 Core License:4 vCore|
|Azure Data Factory SQL Server Integration Services (Enterprise)||1 Core License:1 vCore|
|Azure Data Factory SQL Server Integration Services (Standard)||1 Core License:4 vCores|
|SQL Server Enterprise Virtual Machines||1 Core License2:1 vCPU|
|SQL Server Standard Virtual Machines||1 Core License:4 vCPUs|
|SQL Server Standard (Core)||Azure SQL Database (Elastic Pool and Single Database)/Azure SQL Managed Instance – General Purpose||1 Core License:1 vCore|
|Azure SQL Database (Elastic Pool and Single Database)/Azure SQL Managed Instance – Business Critical||4 Core License:1 vCore|
|Azure SQL Database (Single Database)/Azure SQL Managed Instance - Hyperscale||1 Core License:1 vCore|
|Azure Data Factory SQL Server Integration Services (Standard)||1 Core License: 1 vCore|
|Azure Data Factory SQL Server Integration Services (Enterprise)||4 Core Licenses:1 vCore|
|SQL Server Standard Virtual Machines||1 Core License2:1 vCPU|
|SQL Server Enterprise Virtual Machines||4 Core Licenses2:1 vCPU|
1Azure Hybrid Benefit is not available in the serverless compute tier of Azure SQL Database or Azure SQL Managed Instance.
2Subject to a minimum of four Core Licenses per Virtual Machine.
With Azure Hybrid Benefit for SQL Server, customers will not be charged for the usage of a Microsoft Azure Data Service, but they must still pay for the cost of compute (i.e., the base rate), storage, and back-up, as well as I/O associated with their use of the services (as applicable). Customers must indicate that they are using Azure SQL Database (Elastic Pool, and Single Database), Azure SQL Managed Instance, Azure Data Factory SQL Server Integration Services, or SQL Server Virtual Machines under Azure Hybrid Benefit for SQL Server when configuring workloads on Azure. Customers may supplement workloads running under Azure Hybrid Benefit for SQL Server with fully metered Azure services.
Customer may not concurrently allocate a License to Azure Hybrid Benefit for SQL Server and assign the same License to (a) shared servers under License Mobility through Software Assurance or (b) a Licensed Server, except on a one-time basis, for a period not to exceed 180 days, to allow Customer to migrate those workloads to Azure.
On the earlier of completion of migration to Azure or 180 days from the start of migration, Licenses will be deemed “assigned to Azure”. Customer may later reassign Licenses back to its Licensed Servers or to shared servers under License Mobility through Software Assurance, provided Licenses remain assigned to Azure for a minimum of 90 days.
SQL Server Fail-over Rights
When allocating SQL Server Licenses for use with a SQL Server Virtual Machine under the Azure Hybrid Benefit for SQL Server, Customer is entitled to:
- One Fail-over OSE for any purpose, including high availability; and
- One Fail-over OSEs specifically for disaster recovery purposes.
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
- Log Back-ups
- Full Back-ups
- Monitoring resource usage data
Fail-over OSEs permitted for disaster recovery must be asynchronous and manual. 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. Fail-over OSEs may not serve SQL Server data to users or devices or otherwise run active SQL Server workloads.
Customer is entitled to one additional Fail-over OSE for high availability for each of its Primary Workloads that runs on the Linux platform and serves as the SQL Server master instance when used in conjunction with Customer’s use of Big Data Clusters. These additional Fail-over OSEs are subject to the same SQL Server – Fail Over Rights limitations.
SQL Server Enterprise Core Unlimited Virtualization Rights
As an exception to the general terms governing allocation of Licenses and use of SQL Server under the Azure Hybrid Benefit for SQL Server, Customer may use SQL Server in any number of Virtual Machines on an Azure Dedicated Host or other dedicated physical host in Azure in one of its Microsoft Azure service accounts, provided Customer allocates SQL Server Enterprise Core Licenses with SA for all of the Physical Cores available to Customer on that Azure Dedicated host. Concurrent use on Azure Dedicated Host or other dedicated physical host in Azure and Customer’s Licensed Servers is limited to the same 180 day migration period.
Windows Virtual Desktop
Windows Virtual Desktop for Windows 7 and Windows 10
Users licensed with Microsoft 365 E3/E5/F3/Business Premium/A3/A5/Student Use Benefit, Windows 10 Enterprise E3/E5, Windows 10 Education A3/A5, or Windows VDA E3/E5 may access Windows Virtual Desktop (WVD) Windows 7 and Windows 10 virtual machines. WVD virtual machines do not count against a user’s device activation count limit.
Windows 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 Windows Virtual Desktop (WVD) Windows Server virtual machines.
Windows Virtual Desktop for Development and Test
Users licensed with Visual Studio subscriptions and MSDN Platforms with active SA (“Authorized Users”) may access Windows Virtual Desktop (WVD) Windows 7, Windows 10, and Windows Server virtual machines for development and test purposes. Customer’s end users may also access WVD Windows 7, Windows 10, 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
Azure Government Services means one or more of the services or features Microsoft makes available to Customer as Government Community Cloud Services in the “US Gov” regions identified at http://azure.microsoft.com/en-us/regions/#services.
Bing Search Services means the Bing Custom Search, Bing Local Business Search, Entity Search, Image Search, News Search, Video Search, Visual Search, Web Search, Spell Check, and Autosuggest APIs, and any other APIs identified at https://aka.ms/r1j7jq.
Bing Search Services Data means Customer Data that are provided to Microsoft by, or on behalf of, Customer through use of the Bing Search Services.
Customer Solution means an application or any set of applications that adds primary and significant functionality to the Microsoft Azure Services and that is not primarily a substitute for the Microsoft Azure Services.
Microsoft Azure Services means the Microsoft services and features identified at http://azure.microsoft.com/services/, except those licensed separately. “Microsoft Azure Services” includes any open source components incorporated by Microsoft in those services and features.
Microsoft Translator means Translator Text API and/or Translator Speech API offered by Microsoft as a cloud based machine translation service.
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.
For purposes of this section, “Azure Facial Recognition Services” means facial recognition features or functionality included in Azure Services, such as Face; or the facial recognition functionality in Video Indexer.
The Bing Maps, Professional Services, Azure Media Services H.265/HEV Encoding, Adobe Flash Player, H.264/AVC Visual Standard, VC-1 Video Standard, and MPEG-4 Part 2 Visual Standard and MPEG-2 Video Standard in Notices apply.
Service Level Agreement
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.
Customer may create and maintain a Customer Solution and, despite anything to the contrary in Customer’s volume licensing agreement, combine Microsoft Azure Services with Customer Data owned or licensed by Customer or a third party, to create a Customer Solution using the Microsoft Azure Service and the Customer Data together. Customer may permit third parties to access and use the Microsoft Azure Services in connection with the use of that Customer Solution. Customer is responsible for that use and for ensuring that these terms and the terms and conditions of Customer’s volume licensing agreement are met by that use.
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.
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.
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.
Service Specific Terms
Azure Communication Services
The H.264/AVC Visual Standard notice in Notices section applies.
End User Relationship
While Microsoft provides Azure Communication Services to Customer, Customer further provides the services, through its own applications or offerings, to end users. Customer is the sole provider of the end users’ services and Customer shall have sole and exclusive responsibility to end users. Customer’s end users are not parties to this agreement. Customer acknowledges and agrees to the foregoing and that Microsoft has no obligation or liability to Customer or any third party for the end user’s use of the services. The requirement to add primary and significant functionality as stated in the Hosting Exception provision does not apply.
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.
Azure Defender for IoT
Customer may use Azure Defender for IoT solely to monitor devices based on its current commitment level. Customer agrees to update its commitment level for the next billing period based on actual usage. Commitment levels (updated if necessary) auto-renew from billing period to billing period.
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.
Azure Health Bot Service
“Customer Health Bot Application” means an application or any set of applications that adds primary and significant functionality to the Azure Health Bot Service and that is not primarily a substitute for the Azure Health Bot Service.
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 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.
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:
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.
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
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.
Customer may not use Azure Maps to enable turn-by-turn navigation functionality in any application.
Customer may not use Azure Maps or any part thereof to create a competing database or service, or a derived database populated wholly or partially with Customer’s data and/or data supplied or created by any third party.
Customer will not use the data delivered by the Azure Maps in combination with any other third-party database, except that Customer may layer onto the data of a type not already included within the Service (such as your proprietary content) or of which Microsoft otherwise licenses.
Customer may not cache or store information delivered by the Azure Maps API including but not limited to geocodes and reverse geocodes, map data tiles and route information (the “Results”) for the purpose of scaling such Results to serve multiple users, or to circumvent any functionality in Azure Maps.
Caching and storing Results is permitted where the purpose of caching is to reduce latency times of Customer’s application. Results may not be stored for longer than: (i) the validity period indicated in returned headers; or (ii) 6 months, whichever is the 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.
Customer may not cache nor store information delivered by the Mobility API including but not limited to Agency Information, Stop Keys and Transit Type (the “Mobility Results”) for the purpose of scaling such Mobility Results to serve multiple users, or to circumvent any functionality in Azure Maps.
Caching and storing Mobility Results is permitted where the purpose of caching is to reduce latency times of Customer’s application. Mobility Results may not be stored for longer than: (i) the validity period indicated in returned headers; or (ii) 6 months, whichever is shorter. Notwithstanding the foregoing, Customer may retain continual access to Stop Name, ID, and Position as long as Customer maintains an active Azure Maps account.
Use of content displaying the TomTom copyright notice must be in accordance with restrictions set forth in the TomTom Licensing Third Party Product Terms and EULA (https://www.tomtom.com/en_GB/thirdpartyproductterms/). Azure Maps uses Bing Imagery which subject to the Bing Maps Notice in Attachment 1.
User region parameter
User region parameter in Azure Maps must be used in compliance with applicable laws, including those regarding mapping, of the country where maps, images and other data and third party content that Customer is authorized to access via Azure Maps is made available.
No warranty for accuracy
Microsoft and its suppliers make no warranty that the maps, images, data or any content delivered by Azure Maps will be accurate or complete.
Customer may not remove, obscure, mask or change any logo and/or copyright notice placed on or automatically generated by Azure Maps.
Azure SQL Edge
“IoT Device” means a computing device that (i) is designed or configured for use primarily with an industry- or task-specific software program that provides the primary functionality of the computing device (“IoT Program”), (ii) uses equal to or less than 16 physical cores, and (iii) is not designed to be marketed or primarily used as a multi-functional Server, or a commercially viable substitute for a multi-functional Server. 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 all 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 Stack HCI
Except as reflected below, Microsoft is an independent controller of Personal Data collected in connection with your use of Azure Stack HCI. Microsoft will handle this Personal Data in accordance with the Microsoft Privacy Statement at https://go.microsoft.com/fwlink/?LinkId=521839, and the DPA terms do not apply.
Personal Data collected and used to enable Azure management services through the Azure admin portal to meter product usage for billing purposes, and to the extent specified in product documentation will be handled in accordance with the DPA terms.
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 dedicated server that is under the management or control of an entity other than Customer or one of its Affiliates is subject to the Outsourcing Software Management clause. Customer may use the Azure Stack HCI software as long as it is (i) registered with Customer’s valid Azure subscription in order to enable additional Azure Stack HCI functionality and to meter and invoice Customer and (ii) connected to Customer’s Azure subscription over the Internet at least once every thirty (30) consecutive calendar days.
Customer may not (i) work around any mandatory registration or sign up process for Azure Stack HCI or (ii) run any applications, operating system roles, and/or other workloads directly on the Azure Stack HCI software except for (A) utilities and operating system roles and (B) virtualized machines running Azure Stack HCI, both (A) and (B) as necessary to enable Azure Stack HCI to host, manage, and service validly licensed virtual machines running validly licensed applications.
No Hosting Exception
The Microsoft Azure Services Hosting Exception in this OST does not apply to Azure Stack HCI.
Any customer support for Azure Stack HCI that may be available from Microsoft requires that Azure Stack HCI runs on server hardware pre-validated by Microsoft under the Azure Stack HCI Program Agreement or any successor.
Azure Stack Hub
Azure Stack Hub Privacy
The Microsoft Privacy Statement located at https://go.microsoft.com/fwlink/?LinkId=521839 applies to Customer’s use of Azure Stack Hub. 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.
To the extent Microsoft is a processor or subprocessor of personal data in connection with Azure Stack Hub, Microsoft makes to all customers, the commitments in (a) the “Processing of Personal Data; GDPR” provision of the DPA and (b) the European Union General Data Protection Regulation Terms in Attachment 3 of the DPA.
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).
Microsoft may provide technical documentation regarding the appropriate operation applicable to Cognitive 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 Cognitive Services in accordance with such documentation, as applicable.
Some Cognitive 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, and will not allow third parties to use Cognitive Services or data from Cognitive Services to create, train, or improve (directly or indirectly) a similar or competing product or service.
Limited Access Services
Certain Cognitive Services may require registration and limit access based on Microsoft’s eligibility and use criteria (“Limited Access Services”). Customer agrees that it will only use the Cognitive Services for the uses specified in its registration form and/or in its Enrollment or agreement and in accordance with relevant service terms. Microsoft may require Customer to re-verify the information submitted to Microsoft regarding the Limited Access Services remains accurate, complete and up to date; and is using the Limited Access Services in accordance with information submitted and these terms. Microsoft may suspend or terminate Customer’s access to these Limited Access Services for non-compliance, only to the extent reasonably necessary. Customer shall respond to requests for re-verification from Microsoft within ten 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, Customer will reasonably cooperate with Microsoft to provide such information within 30 business days of request. To apply for access and use of Limited Access Services, Customer must provide current, complete, and accurate information in the registration form and any re-verification requests from Microsoft.
Customized TTS Services 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 Cognitive 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.
Cognitive Services in Containers
Cognitive Services features that are available in containers are designed to connect to a billing endpoint. The containers and the billing endpoint 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 in this agreement. Customer must configure the containers it uses to communicate with the billing endpoint so that the billing endpoint meters all use of those containers. Provided Customer enables such metering and subject to any applicable transaction limits, Customer may install and use any number of containers (1) on Customer's hardware devices that are dedicated to Customer's exclusive use, and (2) in Customer's Microsoft Azure Service accounts. Any dedicated hardware that is under the management or control of an entity other than Customer or one of its Affiliates is subject to the Outsourcing Software Management clause of the Universal License Terms for All Software.
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.
The terms of the DPA do not apply to containers installed on Customer’s dedicated hardware, except to the extent any Personal Data is collected in connection with the billing endpoint, because the operating environment of those containers is not under Microsoft’s control.
Inactive Cognitive Services Configurations and Custom Models
For the purposes of data retention and deletion, a Cognitive 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.
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.
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.
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.