Windows Azure Services Terms
Acceptable Use Policy
Neither you nor those that access the Services through you may use the Services:
- in a way prohibited by law, regulation, governmental order or decree;
- to violate the rights of others;
- to use the Services to try to gain unauthorized access to or disrupt any service, data, account or network by any means;
- to falsify any protocol or email header information (e.g., “spoofing”);
- to spam or distribute malware;
- in a way that could harm the Services or impair anyone else’s use of them;
- or for any high risk use (where failure or fault of the Services could lead to death or serious bodily injury of any person, or to severe physical or environmental damage).
The Virtual Machine feature provides you with the ability to run a virtual server with one of several operating systems of your choice. You may upload your own Virtual Machine image or choose from pre-configured Virtual Machine images available from Microsoft or third parties.
You agree to secure the rights necessary to run all software (including the operating system) within your Virtual Machine. You are responsible for patching, configuring and maintaining the operating system and other software within your Virtual Machine. You may not disable, tamper with or otherwise attempt to circumvent any billing mechanism that tracks your hourly use of the Virtual Machine and the software contained therein.
Windows Azure may provide you with the option of running Windows Server and other Microsoft software in a Virtual Machine. You may use such software only within the Windows Azure online service and only in conjunction with your permitted use of any applicable Windows Azure role. You have no other rights under these license terms to run the software (e.g., you may not run copies on your on-premise servers unless you separately obtain the license to do so).
Use of any Virtual Machine containing any version of Windows Server is subject to the following additional terms:
Limitations on Use. You may not use the following functionality in the software:
- Rights Management Services
Remote Desktop Services. Remote Desktop Services (RDS) Subscriber Access Licenses (SALs) purchased through the Microsoft Service Provider Licensing Agreement (SPLA) may be used to deliver graphical user interface functionality on Windows Azure virtual machines. RDS Client Access Licenses (CALs) purchased through other Volume Licensing programs including the Enterprise Agreement may not be used with Windows Azure virtual machines. Virtual Desktop Infrastructure functionality may not be used on Windows Azure virtual machines.
Hosting. If you use the software to host a solution to be accessed or used by third parties, then that solution must consist of an application or service that is owned or licensed by you or a third party.
Data Storage Technology. The server software includes data storage technology called Windows Internal Database or Microsoft SQL Server Desktop Engine for Windows. Components of the server software use these technologies to store data. You may not otherwise use or access these technologies under these license terms.
Icons, images, sounds. While the software is running, you may use but not share its icons, images, sounds, and media. The sample images, sounds and media provided with the software are for your non-commercial use only.
Data Transfer Notices. The notices applicable to Windows Server, as identified in the Data Transfer Notices document athttp://microsoft.com/licensing/contractsapply to the use of Windows Server software under your Windows Azure licenses.
The software will from time to time update or require download of the validation feature of the software. Validation verifies that the software has been activated and is properly licensed. Validation also permits you to use certain features of the software, or to obtain additional benefits. For more information, see http://go.microsoft.com/fwlink/?linkid=39157.
During a validation check, the software will send information about the software and device to Microsoft. This information includes the version and product key of the software, and the Internet protocol address of the device. Microsoft does not use the information to identify or contact you. By using the software, you consent to the transmission of this information. For more information about validation and what is sent during a validation check, see http://go.microsoft.com/fwlink/?linkid=96551.
If the software is not properly licensed, the functionality of the software may be affected. For example, you may need to reactivate the software, or receive reminders to obtain a properly licensed copy of the software, or you may not be able to obtain certain updates or upgrades from Microsoft.
You may only obtain updates or upgrades for the software from Microsoft or authorized sources. For more information on obtaining updates from authorized sources, see http://go.microsoft.com/fwlink/?linkid=96552.
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”).
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.
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.
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:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Unless otherwise provided by law, all charges are non-refundable unless stated otherwise and the costs of any returns will be at your expense.
- 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.
- 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.
- 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.
“Customer Support” means all support or advice provided to you under your Windows Azure Agreement.
“Fixes” means Product fixes, modifications or enhancements, or their derivatives, that Microsoft either releases generally (such as service packs), or that Microsoft provides to you when performing Customer Support to address a specific issue.
Fixes. If we provide Fixes to you in the course of performing Customer Support, those Fixes are licensed according to the license terms applicable to the Product to which those Fixes relate unless the Fixes include separate terms, in which case those terms will govern. If the Fixes are not provided for the Windows Azure Services, any other use terms Microsoft provides with the Fixes will apply, and if no use terms are provided, you shall have a non-exclusive, perpetual, fully paid-up license to use and reproduce the Fixes solely for your internal use. You may not modify, change the file name of, or combine any Fixes with any non-Microsoft computer code.
Pre-Existing Work. All rights in any computer code or non-code based written materials developed or otherwise obtained by or for the parties or their Affiliates independent of your Windows Azure Agreement (“Pre-Existing Work”) shall remain the sole property of the party providing the Pre-Existing Work. During the performance of Customer Support, each party grants to the other party (and our contractors as necessary) a temporary, non-exclusive license to use, reproduce and modify any of its Pre-Existing Work provided to the other party, solely as needed to perform its obligations in connection with the Customer Support. Except as may be otherwise expressly agreed by the parties in writing, upon payment in full we grant you a non-exclusive, perpetual, fully paid-up license to use, reproduce and modify (if applicable) any Microsoft Pre-Existing Work provided as part of a Customer Support deliverable, solely in the form delivered to you, and solely for your internal business purposes. The license to Microsoft’s Pre-Existing Work is conditioned upon your compliance with the terms of your Windows Azure Agreement.If you are located in the Czech Republic, you represent that the author has granted relevant approvals to modify your pre-existing work. Any violation of conditions of your Windows Azure Agreement, or any other statements regarding customer support under that agreement, by you will be a condition subsequent for obtaining the perpetual license to Microsoft’s Pre-existing Work that Microsoft leaves to you at the end of Microsoft’s performance of Customer Support.
Materials. All rights in any materials developed by us (other than software code) and provided to you in connection with Customer Support ("Materials") shall be owned by us except to the extent such Materials constitute your Pre-Existing Work. We grant you a non-exclusive, perpetual, fully paid-up license to use, reproduce and modify the Materials solely for your internal business operations and without any obligation of accounting or payment of royalties.
Sample Code. We grant you a nonexclusive, perpetual, royalty-free right to use and modify any software code provided by us for the purposes of illustration ("Sample Code") and to reproduce and distribute the object code form of the Sample Code, provided that you agree: (i) to not use our name, logo, or trademarks to market your software product in which the Sample Code is embedded; (ii) to include a valid copyright notice on your software product in which the Sample Code is embedded; and (iii) to indemnify, hold harmless, and defend us and our suppliers from and against any claims or lawsuits, including attorneys’ fees, that arise or result from the use or distribution of the Sample Code.
Affiliates’ Rights. You may sublicense the rights contained in this section to your Affiliates, but your Affiliates may not sublicense these rights and your Affiliates’ use must be consistent with the license terms contained in your Windows Azure Agreement.
Warranties and Disclaimers
Warranty for Customer Support. We warrant that all Customer Support will be performed with professional care and skill.
NO OTHER WARRANTIES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM AND EXCLUDE ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS WHETHER EXPRESS, IMPLIED OR STATUTORY OTHER THAN THOSE IDENTIFIED EXPRESSLY IN YOUR WINDOWS AZURE SUBSCRIPTION AGREEMENT. THIS DISCLAIMER INCLUDES ANY AND ALL WARRANTIES OR CONDITIONS OF TITLE, NON‑INFRINGEMENT, SATISFACTORY QUALITY OR RESULTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY ADVICE, RECOMMENDATIONS, FIXES, CUSTOMER SUPPORT DELIVERABLES, AND RELATED MATERIALS PROVIDED BY US OUR SUPPLIERS AND CONTRACTORS IN PERFORMING THE CUSTOMER SUPPORT.
Appendix 1: Notices
Notice of Data Transfer
The product contains one or more software features that connect to Microsoft or service provider computer systems over the Internet. These features are identified in the Data Transfer Notices document at http://microsoft.com/licensing/contracts. Microsoft provides services with products through these features. You will not always receive a separate notice when a feature connects. In some cases, you may switch off a feature or not use it.
The features use Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the device where you installed the software.
Use of Information
Microsoft does not use the information to identify or contact you. Microsoft uses this information to make services available to you when you use the software. Microsoft may use the computer information, accelerator information, search suggestions information, error reports, Malware reports and URL filtering reports to improve our software and services. We may also share it with others, such as hardware and software vendors. They may use the information to improve how their products run with Microsoft software.
Consent for Data Transfer
By using these software features, you consent to the transmission of computer information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the device where you run the software.
Notice about the H.264/AVC Visual Standard, the VC-1 Video Standard, the MPEG-4 Visual Standard and the MPEG-2 Video Standard
This software may include H.264/AVC, VC-1, MPEG-4 Part 2, and MPEG-2 visual compression technology. MPEG LA, L.L.C. requires this notice:
THIS PRODUCT IS LICENSED UNDER THE AVC, THE VC-1, THE MPEG-4 PART 2 VISUAL, AND MPEG-2 VIDEO PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE ABOVE (“VIDEO STANDARDS”) AND/OR (ii) DECODE AVC, VC-1, MPEG-4 PART 2 OR MPEG 2 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ANY USE OF THIS PRODUCT OTHER THAN PERSONAL USE THAT COMPLIES WITH THE MPEG-2 STANDARD FOR ENCODING VIDEO INFORMATION FOR PACKAGED MEDIA IS PROHIBITED WITHOUT A LICENSE FROM MPEG LA. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE http://www.mpegla.com/main/default.aspx.
For clarification purposes, this notice does not limit or inhibit the use of the software for normal business uses that are personal to that business which do not include (i) redistribution of the software to third parties, or (ii) creation of content with the VIDEO STANDARDS compliant technologies for distribution to third parties.
Potentially Unwanted Software (Notice I)
If turned on, Windows Defender will search your computer for “spyware,” “adware” and other potentially unwanted software. If it finds potentially unwanted software, the software will ask you if you want to ignore, disable (quarantine) or remove it. Any potentially unwanted software rated “high” or “severe” will automatically be removed after scanning unless you change the default setting. Removing or disabling potentially unwanted software may result in other software on your computer ceasing to work or your breaching a license to use other software on your computer.
By using this software, it is possible that you will also remove or disable software that is not potentially unwanted software.