Terms of Use for Windows Azure Preview Features (Updated April 2013)

The Windows Azure Preview Features including Windows Azure Web Sites, Windows Azure Store, and other preview, beta, or other pre-release services (the “Preview Features”) available through this portal are being made available to you on the condition that you agree to these terms of use, which supplement your agreement governing use of Windows Azure.

Some privacy- and security-related aspects of the Preview Features differ from those present in the commercial versions of online services. You acknowledge that the “Preview Releases” section of the Windows Azure Privacy Statement applies to the Preview Features and your use of them. You also acknowledge that the Preview Features are not covered by any Service Level Agreement pertaining to Windows Azure and that the Preview Features are “pre-release” products for purposes of any terms relating to warranties in your agreement to use Windows Azure.

“Non-Microsoft Product” means any software, data, service, website or other product licensed, sold or otherwise provided to you by an entity other than us, whether you obtained it via our online services or elsewhere. License terms and privacy-related information for Microsoft and Non-Microsoft Products enabled through the Preview Features are made available through this portal. If you access or use such Microsoft or Non-Microsoft Products through any means, you agree that the terms presented in this portal as to such software apply to your access or use of such software.

Microsoft may make Non-Microsoft Products available to you through the Preview Features or other means. The use of the Non-Microsoft Product will be governed by separate terms between you and the third party providing that Non-Microsoft Product. For your convenience, Microsoft may include charges for the Non-Microsoft Product as part of your bill for Windows Azure. Microsoft, however, assumes no responsibility or liability whatsoever for the Non-Microsoft Product.

You are solely responsible for any Non-Microsoft Product that you install or use with Windows Azure. We are not a party to and are not bound by any terms governing your use of any Non-Microsoft Product. Without limiting the foregoing, non-Microsoft software, services, technology, or scripts linked to or referenced from any Windows Azure website, are licensed to you under the licenses used by the third parties that own such code, not by us.

If you install or use any Non-Microsoft Product with Windows Azure, you direct and control the installation in and use of such software in Windows Azure through your actions (e.g., through your use of application programming interfaces and other technical means that are part of Windows Azure). We will not run or make any copies of such non-Microsoft software outside of our relationship with you.

If you install or use any Non-Microsoft Product with Windows Azure, you may not do so in any way that would subject our intellectual property or technology to obligations beyond those included in your agreement to use Windows Azure.

The following additional terms are applicable to the named Preview Features below:

Windows Azure Store

Windows Azure enables you to access or purchase Non-Microsoft Products from third parties under a unified provisioning and billing framework through features such as Windows Azure Store and the Virtual Machine gallery (“Store Service”).

1. Financial Data. Non-Microsoft Products made available via the Store Service may contain financial data. Microsoft is not a broker/dealer or registered investment advisor under U.S. federal securities law or securities laws of other jurisdictions and does not advise individuals as to the advisability of investing in, purchasing, or selling securities or other financial products or services. Nothing contained in the Store Service is an offer or solicitation to buy or sell any security. Neither Microsoft nor its licensors of stock quotes or index data endorse or recommend any particular financial products or services. Nothing in the Store Service, including any datasets or financial applications, are intended to be professional advice, including but not limited to, investment or tax advice.
2. Application Programming Interfaces. We may make available application programming interfaces (“Store Service APIs”) for use with the Store Service. If you use any Store Service APIs to purchase or access Non-Microsoft Products, you (a) agree to do so only on your own behalf, and (b) are responsible for reviewing and complying with the applicable publisher terms of use, which may change from time to time.
3. Throttling. Microsoft may limit the number of requests that you can make to the Store Service to protect our system or to enforce reasonable limits on your use of the Store Service. Additionally, publishers may place restrictions on the number of requests that you can make to their respective content, which will be enforced by Microsoft (“Specific throttling”). Specific throttling limits may be displayed on the publisher’s content detail page for which they apply. The Specific throttling limits may be changed at any time, with or without notice.
4. Purchasing Non-Microsoft Products. When you purchase Non-Microsoft Products that we make available through the Portal or other means, you agree to the following terms:
   1. You agree to pay the applicable fees and amounts related to the purchase of Non-Microsoft Products and by purchasing such products, you authorize Microsoft to charge the payment method that you provided to us.
   2. We may bill you for the Non-Microsoft Products (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription-type Products, depending on which payment method you provided to us. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription-type Products. We may bill you at the same time for more than one of your prior billing periods for amounts that have not previously been processed.
   3. The price stated for the Non-Microsoft Products excludes all applicable taxes and currency exchange settlements, unless stated otherwise. You are solely responsible for paying such taxes or other charges.
   4. We may suspend or cancel your access to the Non-Microsoft Products purchased through us if we do not receive an on-time, full payment from you. Suspension or cancellation of access for non-payment could result in a loss of your use of your account and content.
   5. You can access and change your billing account information and payment method through the Portal. You also agree to permit Microsoft to use any updated account information regarding your payment method provided by your issuing bank or the applicable payment network (if paying with a card or another online payment method). You agree to keep your billing account information current at all times. Changes made to your billing account won't affect charges we submit to your billing account before we could reasonably act on your changes to your billing account. If the primary method you have designated for a particular service is unavailable or invalid for any reason, you authorize us to charge any other payment method you may have on file with us.
   6. If you take part in any free trial period offer relating to a Non-Microsoft Product, you must cancel any subscription by the end of the trial period to avoid incurring charges, unless we notify you otherwise. If you don't cancel your subscription to the Non-Microsoft Products at the end of the free trial period, we may charge you for the Products at the then-current prices.
   7. If the Non-Microsoft Product you purchased is no longer going to be offered at the same price, the third party providing that product may choose to either continue to provide you with the product at the same price, or discontinue the applicable offering for that Non-Microsoft product. You will be provided advance notice of such wind-down of a Non-Microsoft Product offering.
   8. If the Non-Microsoft Product you purchased is a subscription with an automatic renewal option, upon notice, we may automatically renew your subscription(s) and charge you for any renewal term, unless you cancel prior to the renewal date.
   9. We will provide you with a list of charges through https://account.windowsazure.com, where you can view and print your charges. This is the only billing statement that we provide. It is your responsibility to print or save a copy and retain such copy for your records.
   10. If you discover that we made an error on your bill, you must tell us within 120 days after the error first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we won't be required to correct the error or provide a refund. If we have identified a billing error, we will correct that error within 90 days.
   11. Unless otherwise provided by law, all charges are non-refundable unless stated otherwise and the costs of any returns will be at your expense.
   12. Cancellation of any subscription to a Non-Microsoft Product is subject to the terms between you and the third party providing the product. If cancellation is allowed, you may continue to access any cancelled subscription until the end of your then-current billing period, but you will not be charged again for that subscription. Cancellation of the subscription by you will not alter your obligation to pay all charges or any amounts otherwise due.
   13. You must pay for all reasonable costs we incur to collect any past due amounts. These include reasonable attorneys' fees and other legal fees and costs.
   14. If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce the payment to you without notice to adjust for any previous overpayment.