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Azure Hardware Terms

This section includes the additional or alternative terms that apply to hardware Products that are identified below. If there is a conflict between the provisions of this section and that of the Product Terms, this section shall govern and control for that hardware Product.

Azure Data Box Hardware Terms

The terms and conditions located at https://docs.microsoft.com/azure/databox/data-box-hardware-additional-terms are incorporated by reference into these hardware terms.

Definitions

Azure Storage means the Microsoft-managed cloud service that provides data storage. 

Azure Storage Account means an account that enables Customer to access and store its information using the Azure Storage service.

Data Box Device means a hardware device, including Data Box Software, that Microsoft may provide for Customer’s temporary use in transporting data between its premises and the Azure datacenter. The family of Data Box Devices includes Data Box, Data Box Disk, and Data Box Heavy, and successors. 

Data Box Software means all software provided on or in connection with a Data Box Device, including all tools, updates, and associated documentation.

Designated Azure Data Center means the Microsoft Azure data center designated by Microsoft as the data center to which Customer will return the Data Box Device, which may be different than the data center where Customer prefers to store its data and/or the location of Customer’s Azure Storage Account.  

Microsoft Azure Data Box Service or Service means the Microsoft Azure service that enables customers to store and transfer large amounts of data to and from data centers on the Data Box Device.  For clarity, the Service includes without limitation, any associated technology or functionality, information, materials, and Service updates.

Data Box Software

The Data Box Software is licensed, not sold. Microsoft grants Customer a limited, nonexclusive, nontransferable license to use the Data Box Software installed on the Data Box Device, or used in connection with the Data Box Device, only for the purpose of transporting data as enabled by the Data Box Device.  Microsoft reserves all other rights. This license does not give Customer any right to, and Customer may not: (i) use or virtualize features of the Data Box Software separately from the Data Box Device; (ii) publish, copy, rent, lease or lend the Data Box Software; (iii) work around any technical restrictions in the Data Box Software or restrictions in the Data Box Device documentation; (iv) separate and run parts of the Data Box Software on more than one device; (v) install or use non-Microsoft software or technology with Data Box Software in any way that would subject Microsoft's intellectual property or technology to any other license terms; or (vi) reverse engineer, decompile, or disassemble the Data Box Software, or attempt to do so, except if applicable law permit this even when these terms do not and, in that case, Customer may do so only as the law allows.

Azure Service Terms

These Azure Data Box Hardware Terms ("Additional Terms") apply to Customer's receipt and use of the Data Box Device as part of the overall Service. Customer’s use of the Service is also subject to Customer’s Azure subscription agreement as described at https://azure.microsoft.com/support/legal/. These Additional Terms supplement but do not amend or modify Customer’s Azure subscription agreement. If there is a conflict between these Additional Terms and Customer’s Azure subscription agreement, the Additional Terms will govern and control for purposes of the use of the Data Box Device as part of the Service.

Product Use Rights

Subject to the payment of applicable fees, Microsoft grants Customer permission to use the Data Box Device to transport and transfer data.

Customer Determination of Appropriateness. Customer agrees (i) that it is solely responsible for determining the appropriateness of using the Data Box Device as set forth in the Additional Terms, and (ii) that Microsoft shall have no liability to Customer or any other third party for any loss of data or other damages. 

No Transfer or Access. Customer agrees to not sell, assign, or transfer (including location transfer between states or countries) the Data Box Device, and will not directly or indirectly (through a third party) view, open, modify, disassemble, or otherwise tamper with the Data Box Device (including the Software).

Disclaimer of Warranty

THE DATA BOX DEVICE AND ANY ASSISTANCE BY MICROSOFT PROVIDED PURSUANT TO THESE ADDITIONAL TERMS ARE PROVIDED “AS-IS.”  CUSTOMER BEARS THE RISK OF USING THEM.  MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS.  CUSTOMER MAY HAVE ADDITIONAL RIGHTS OR STATUTORY GUARANTEES UNDER LOCAL LAWS WHICH THESE ADDITIONAL TERMS CANNOT CHANGE.  TO THE EXTENT PERMITTED UNDER CUSTOMER’S LOCAL LAWS, MICROSOFT EXCLUDES ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Azure Stack Edge Hardware Terms

The terms and conditions located at https://docs.microsoft.com/azure/databox-online/azure-stack-edge-add-hardware-terms are incorporated by reference into these hardware terms.

Definitions

"Azure Stack Edge Device" means hardware devices, including Software, that are offered as part of Azure Stack Edge family of devices as described at https://azure.microsoft.com/products/azure-stack/edge/.  

“Azure Stack Edge Service” or "Service" means the Azure service that enables customers to receive, provision, use and manage an Azure Stack Edge Device.  For clarity, the Service includes without limitation, any associated technology or functionality (e.g., creating a share), information, materials, and Service updates.  

"Software" means all software provided on or in connection with an Azure Stack Edge Device, including all tools, updates, and associated documentation.

Azure Services Terms

These Azure Stack Edge Hardware Terms ("Additional Terms") apply to Customer's receipt and use of the Azure Stack Edge Device as part of the overall Service.  Customer's use of the Service is also subject to Customer’s Azure subscription as described at https://azure.microsoft.com/support/legal/.  These Additional Terms supplement but do not amend or modify Customer’s Azure subscription agreement.  If there is a conflict between these Additional Terms and Customer’s Azure subscription agreement, the Additional Terms will govern and control for purposes of the use of the Azure Stack Edge Device as part of the Service.

Use of Azure Stack Edge Device and Software

Conditions for Azure Stack Edge Use

Subject to the payment of applicable fees, Microsoft grants Customer permission to use the Azure Stack Edge Device, provided that Customer implements the following:

  1. Data Protection. Customer is responsible for protection, including retaining backup copies of customer data stored on the Azure Stack Edge Device in the event of device failure, loss, or destruction.
  2. Customer Determination of Appropriateness. Customer agrees (i) that it is solely responsible for determining the appropriateness of using the Azure Stack Edge Device as set forth in these Additional Terms, and (ii) that Microsoft shall have no liability to Customer or any other third party for any loss of data or other damages.
  3. No Transfer or Access.  Customer agrees to not sell, assign, or transfer (including location transfer between states or countries) the Azure Stack Edge Device, and will not directly or indirectly (through a third party) view, open, modify, disassemble, or otherwise tamper with the Azure Stack Edge Device (including the Software).
  4. Accreditation.  To the extent that Customer is a governmental entity, Microsoft also grants Customer the right to place the Azure Stack Edge Device through its accreditation processes to meet its needs, including without limitation, accreditation requirements and processes for use in an unclassified, secret, or top-secret domain.
Software

The Software is licensed, not sold.  Microsoft grants Customer a limited, nonexclusive, nontransferable license to use the Software only with the Azure Stack Edge Device.  Microsoft reserves all other rights. This license does not give Customer any right to, and Customer may not: (i) use or virtualize features of the Software separately from the Azure Stack Edge Device; (ii) publish, copy, rent, lease or lend the Software; (iii) work around any technical restrictions in the Software or restrictions in the Azure Stack Edge Device documentation ; (iv) separate and run parts of the Software on more than one device; (v) install or use non-Microsoft software or technology with the Software in any way that would subject Microsoft's intellectual property or technology to any other license terms; or (vi) reverse engineer, decompile, or disassemble the Software, or attempt to do so, except if applicable law permit this even when these terms do not and, in that case, Customer may do so only as the law allows.  If there is a conflict between these Additional Terms and any separate license terms for any separate modules or agents used in connection with the Azure Stack Edge Device, the separate license terms for those modules or agents will govern and control for the use of such modules or agents.  

Activation/Consent for Internet-based Services

Activation associates the use of the Software with a specific device. During activation and subsequent use of the device, the Software may send information about the Software and device to Microsoft, including device properties (e.g., node, chassis and component numbers, software and firmware versions, timestamps of registration, etc.) and Customer environment details (e.g., time and update server IP address).

Microsoft uses this information to make the Internet-based services available to Customer. By using the Azure Stack Edge Device and Software, Customer consents to the transmission of this information to Microsoft. 

Software Updates

Microsoft may make updates available for the Azure Stack Edge Device. To continue to receive Azure Stack Edge support, Customer agrees that it will stay current with applicable updates by downloading and applying the most recent updates.  

Survival

The sections titled Azure Services Terms, Software, Survival, and Disclaimer of Warranty will survive expiration or termination of these Additional Terms.  

Disclaimer of Warranty

THE AZURE STACK EDGE DEVICE AND ANY ASSISTANCE BY MICROSOFT PROVIDED PURSUANT TO THESE ADDITIONAL TERMS ARE PROVIDED "AS-IS."  CUSTOMER BEARS THE RISK OF USING THEM.  MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS.  CUSTOMER MAY HAVE ADDITIONAL RIGHTS OR STATUTORY GUARANTEES UNDER LOCAL LAWS WHICH THESE ADDITIONAL TERMS CANNOT CHANGE.  TO THE EXTENT PERMITTED UNDER CUSTOMER'S LOCAL LAWS, MICROSOFT EXCLUDES ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Azure Stack Hub Ruggedized Hardware and Azure Stack Hub Datacenter Hardware Terms

These Hardware Terms apply to Azure Stack Hub Ruggedized and Azure Stack Hub Datacenter Devices.

Definitions

Documentation means the Azure Stack Hub Ruggedized and Azure Stack Hub Datacenter user documentation set forth in https://aka.ms/azurestackhub.

Appliance means an integrated hardware system, including Software, that Microsoft may offer as part of the Azure Stack family of Appliances as described at https://azure.microsoft.com/en-us/overview/azure-stack/, for Customer’s use at Customer’s designated premises.

Service means the Azure service that enables Customers to receive, provision, use, and manage the Appliance in running Azure services.  For clarity, the Service includes without limitation, any associated technology or functionality, information, materials, and Service updates.

Software means all software in object code form provided on or in conjunction with an Appliance, including all tools, updates, and associated documentation.

Azure Service Terms; Limitations

Azure Service Terms

These Stack Hub Appliance Hardware Terms (“Additional Terms”) apply to Customer’s receipt and use of the Appliance as part of the overall Service.  Customer’s use of the Service is also subject to the Azure Service Agreement and Terms located at https://azure.microsoft.com/en-us/support/legal/, which includes without limitation, the Customer’s customer or other license agreement and the Product Terms.  These Additional Terms supplement but do not amend or modify any existing terms in the Azure Service Agreement and Terms.  If there is a conflict between these Additional Terms and any of the terms comprising the Azure Service Agreement and Terms, the Additional Terms will govern and control for purposes of the use of the Appliance as part of the Service.

Limitations

Microsoft is not obligated to continue to make the Appliance or any other hardware product available in connection with the Service.  The Appliance may not be available in certain regions or jurisdictions, and even where it is, it is subject to availability.  Microsoft is not responsible for delays related to the Service that are outside of its direct control.  Microsoft reserves the right to refuse to offer the Service and corresponding Appliance to anyone in its sole discretion and judgment.  Microsoft may suspend the Service in its discretion in accordance with the terms for Microsoft Azure services under the Universal License Terms for Online Services.

Use of the Appliance and Software

Conditions for Appliance Use

Subject to the payment of applicable fees, Microsoft grants Customer permission to use to the Appliance, provided that Customer implements the following:

  1. Data protection.  Customer agrees to take certain precautions regarding its customer data: (i) Back up and protect all data prior to copying to and storing on the Appliance; (ii) do not delete the data from Customer’s premises and equipment before Customer has successfully transferred such data from the Appliance to Microsoft; and (iii) Apply updates as set forth herein and perform preventative maintenance as recommended by Microsoft.
  2. Customer Determination of Appropriateness.  Customer agrees (i) that it is solely responsible for determining the appropriateness of using the Appliance as set forth in these Additional Terms, and (ii) that Microsoft shall have no liability to Customer or any other third party for any loss of data or other damages.
  3. Deployment pre-requisites and facility assessment.  Customer agrees to meet Microsoft’s requirements necessary to support the installation, use, maintenance, and removal of the Appliance.
  4. No Transfer or Access.  Customer agrees to not sell, assign, or transfer (including location transfer between states or countries) the Appliance, and will not directly or indirectly (through a third party) view, open, modify, disassemble, or otherwise tamper with the Appliance (including the Software).
Accreditation  

To the extent that the Customer is a governmental entity, Microsoft also grants Customer the right to place the Appliance through its accreditation processes to meet its needs, including without limitation, accreditation requirements and processes for use in an unclassified, secret, or top secret domain.

Software

The Software is licensed, not sold.  Microsoft grants Customer a limited, nonexclusive, nontransferable license to use the Software with the Appliance, and for no other purpose.  Microsoft reserves all other rights. This license does not give Customer any right to, and Customer may not: (i) use or virtualize features of the Software separately from the Appliance; (ii) publish, copy, rent, lease or lend the Software; (iii) work around any technical restrictions in the Software or restrictions in the Appliance documentation (if any); (iv) separate and run parts of the Software on more than one device; (v) install or use non-Microsoft software or technology in any way that would subject Microsoft’s intellectual property or technology to any other license terms; or (vi) reverse engineer, decompile, or disassemble the Software, or attempt to do so, except if applicable law permit this even when these terms do not and, in that case, Customer may do so only as the law allows.  Subject to the foregoing limitations, Customer’s use of the Software is subject to the software license terms presented to or otherwise made available to Customer in connection with the Appliance, and also includes without limitation, any separate license terms for any separate modules or agents to run additional Azure services on or in connection with the Appliance. If there is a conflict between these Additional Terms and any separate license terms for any separate modules or agents used in connection with the Appliance, the separate license terms for those modules or agents shall govern and control for the use of such modules or agents.

Restrictions on Benchmarking  

Customer may not use the Software for comparisons or “benchmarking,” except for Customer’s internal purposes, nor publish or disclose the results thereof.

Activation/Consent for Internet-based Services  

If activation of the Software is necessary, activation associates the use of the Software with a specific device. During activation and subsequent use of the device, the Software may send information about the Software and device to Microsoft, as described in the Documentation. Microsoft uses this telemetry to make the Internet-based services available to Customer. By using the Appliance and Software, Customer consents to the transmission of this information to Microsoft.

Software Updates  

Microsoft may make Software updates available for the Appliance. If updates are made available, the updates from Microsoft will be licensed by Microsoft and any third-party updates will be licensed by the applicable third party.  In order to continue to receive Appliance support, Customer agrees that it will stay current with applicable updates by downloading and applying the most recent updates in compliance with Microsoft’s published or provided policy.

Delivery, Deployment, and Use of the Appliance

  1. Delivery.  The Service and the Appliance are offered as a Microsoft first party service under these Additional Terms and the Azure Service Agreement and Terms, and by which Microsoft will deliver the Appliance to Customer’s specified location (“Customer Specified Location”), subject to Service and Appliance availability.
  2. Deployment.  Microsoft will initiate and complete the deployment of the Appliance at the Customer Specified Location, which can typically take up to fifteen (15) days.
  3. Use.  As part of the Service, Microsoft allows Customer to use the Appliance for as long as the Customer has an active subscription to the Service, which use includes but is not limited to, use of the hardware, hardware support, and basic software infrastructure services (e.g., storage, compute, including virtual machines and containers). As part of the deployment and use of the Service and the Appliance, Customer agrees to provide assigned resources at the level reasonably requested by Microsoft to address pre-requisite activities, information, items for deployment, and ongoing management.
  4. Optional Services.  Customer may use and subscribe to additional, optional services in connection with the Service and Appliance that will be subject to a separate fee or subscription.

Title and Risk of Loss; Shipment and Return Responsibilities

Title and Risk of Loss

All right, title and interest in each Appliance is and shall remain the property of Microsoft, and except as expressly set forth in these Additional Terms, no rights are granted to any Appliance (including under any patent, copyright, trade secret, trademark or other proprietary rights).  Customer will compensate Microsoft for any loss, damage or destruction to or of any Appliance while it is at any of Customer’s locations or in the circumstances described in Section “Responsibilities if a Government Customer Moves the Appliance between Customer’s Locations,” with the exception of expected wear and tear, which includes minor damage (e.g., dings and dents) that do not compromise the structure or functionality of the Appliance.  Customer is responsible for inspecting the Appliance upon receipt from the carrier and for promptly reporting any damages to Microsoft Support at adbeops@microsoft.com.  Customer is responsible for the entire risk of loss of, or any damage (other than expected wear and tear) to, the Appliance once it has been delivered by the carrier to Customer’s designated address until the Microsoft-designated carrier accepts the Appliance for return delivery. 

Microsoft may charge Customer a lost device fee for the Appliance (i) if the Appliance is lost or materially damaged while it is Customer’s responsibility as described in the previous sentence, or (ii) if Customer does not return the Appliance to the Microsoft-designated carrier for return or Microsoft pursuant to Section “Shipment and Return of the Appliance” below, within 30 days from the end of Customer’s use of the Service.  Microsoft reserves the right to change the fee charged for lost or damaged devices, including but not limited to, by charging different amounts for different device form factors.

Shipment and Return of the Appliance  

Customer will be responsible for a one-time, per Appliance metered shipping fee for shipping costs and return logistics (“Logistics Fee”), in addition to   any taxes, or applicable customs fees.  The Logistics Fee includes shipping, setup, refurbishment, data destruction, and coverage for loss of the Appliance in transit.  When returning an Appliance to Microsoft, Customer agrees to package and ship the Appliance in accordance with Microsoft’s instructions, including the use of a carrier designated by Microsoft and the packaging materials provided by Microsoft. Customer is responsible to remove Customer’s data from the Appliance prior to returning it to Microsoft, and follow any Microsoft issued processes for wiping or clearing the Appliance.

Disposition at End of Life  

Notwithstanding the foregoing, if Microsoft in its sole discretion determines that the Appliance as part of the Service has reached or exceeded its useful lifespan while it is in the possession of Customer, then Microsoft has the right and ability to change the Appliance or any components thereof.  Customer agrees to provide Microsoft with limited access to Customer Specified Location and the Appliance for this purpose.  Microsoft will discuss logistics and timing of activities related to this change-out of the Appliance or Appliance components with Customer.

Retention of Hardware Components Option  

Microsoft may provide Customer with separate fee options to retain specified Appliance components (e.g., hard drives) for destruction by Customer or have Microsoft dispose of said components at the end of the Term or Appliance decommissioning.

Responsibilities if a Government Customer Moves the Appliance between Customer’s Locations

If a government Customer is using an Appliance during the government Customer’s use of the Service, the government Customer only may, at government Customer’s sole risk and expense, transport the Appliance to government Customer’s different locations to upload government Customer’s data in accordance with Section “Use of the Appliance and Software” above.  Subject to Section ”Export Control Laws”, government Customer is responsible for obtaining at government Customer’s own risk and expense any export license, import license and other official authorization for the exportation and importation of the Appliance and associated Software and government Customer’s data to any such different location of government Customers.   Government Customer is also solely responsible for customs clearance at any such different location of government Customer’s, and government Customer will bear all duties, taxes and other official charges payable upon importation as well as any and all costs and risks of carrying out customs formalities in a timely manner.  Government Customer agrees to comply with and be responsible for all applicable import, export and general trade laws and regulations should government Customer decide to transport the Appliance beyond the country border in which Customer receives the Appliance.  Notwithstanding the foregoing, if government Customer transports the Appliance to a different location as set forth in this Section, government Customer agrees to cause the Appliance to return to the country location where Customer received it initially, prior to returning the Appliance to Microsoft or a government Customer Specified Location.  Government Customer acknowledge that there are inherent risks in shipping data on and in connection with the Appliance, and that Microsoft will have no liability to government Customer for any damage, theft, or loss occurring to an Appliance or any data stored on one, including without limitation in transit.  It is Customer’s responsibility to obtain the appropriate support agreement from Microsoft in order to meet government Customer’s operating objectives for the Appliance; however, depending on the location to which government Customer intends to move the Appliance, Microsoft’s ability to provide hardware servicing and support may be delayed, or may not be available.

Non-government Customers shall not transport an Azure Stack Hub Ruggedized device or Azure Stack Hub Datacenter device to a country different from the one to which it was delivered by Microsoft.

Fees

Microsoft will charge Customer specified fees in connection with Customer’s use of the Appliance as part of the Service, with the current schedule of fees as provided by Microsoft.  For clarity, Customer may use other Azure services in connection with Customer’s use of the Service, and Microsoft deems such services as separate and additional services subject to separate subscription or metered fees and costs, as those additional services are installed on the Appliance.  By way of example only, Azure Storage, Azure Compute, and Azure IoT Hub are separate Azure services, and if used (even in connection with its use of the Service), separate Azure metered services will apply.

Survival

Sections Azure Services Terms, Software, Survival, Disclaimer of Warranty, Privacy Terms and Export Control Laws will survive expiration or termination of these Additional Terms.

Disclaimer of Warranty

THE APPLIANCE AND ANY ASSISTANCE BY MICROSOFT PROVIDED PURSUANT TO THESE ADDITIONAL TERMS IS PROVIDED “AS-IS.” CUSTOMER BEARS THE RISK OF USING THEM.  MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. CUSTOMER MAY HAVE ADDITIONAL CONSUMER RIGHTS OR STATUTORY GUARANTEES UNDER LOCAL LAWS WHICH THESE ADDITIONAL TERMS CANNOT CHANGE.  TO THE EXTENT PERMITTED UNDER CUSTOMER’S LOCAL LAWS, MICROSOFT EXCLUDES ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Hardware Updates; Support

Hardware Updates  

Microsoft is not required to provide Customer with any new Appliance releases, enhancements, or updates for the Appliance.  If Microsoft opts to do so, such new releases, enhancements, or updates (“Hardware Updates”) will be subject to the terms of these Additional Terms.  Customer agrees to provide limited access to the Customer Specified Location for the purpose of applying new hardware components or the Appliance itself.

Support  

As part of the subscription to the Service, Microsoft will provide a baseline level of support for the Service and Appliance. Customer will also enroll in the Microsoft Premier Support plan.

Maintenance  

Customer agrees that it will not allow anyone to access, repair, or otherwise maintain the Appliance at the Customer Specified Location other than Microsoft or its designees upon request, except for an emergency situation such as fire or imminent personal injury.

Privacy Terms

  1. Privacy.  The Microsoft Privacy Statement (http://approjects.co.za/?big=privacystatement/OnlineServices/Default.aspx) applies to the Service and the Appliance under these Additional Terms.
  2. Terms.  Customer agrees to comply with all data protection laws that apply to Customer’s use of the Service, its handling of data with the Appliance or in Azure, or if government Customer moves the Appliance as described in the “Responsibilities if a Government Customer Moves an Appliance between Customer’s Locations” section above.
  3. Processing of Personal Data.  To the extent Microsoft is a processor or subprocessor of personal data in connection with the software, Microsoft makes the commitments in the European Union General Data Protection Regulation Terms of the Online Services Terms to all customers effective May 25, 2018, at http://go.microsoft.com/?linkid=9840733.

Applicability of Service Level Agreement

Service level agreements that apply to specified Azure services listed in the Service Level Agreement for Microsoft Online Services do not apply to the Service or the Appliance, since Customer is running the Service and Appliance locally, where customer controls and has responsibility for the physical environment.

Azure Operator Nexus Hardware Terms

These Hardware Terms apply to Azure Operator Nexus.

Azure Operator Nexus is only available for use by Telecommunication Service Providers.

If there is a conflict between these terms and Customer’s Azure subscription agreement, these terms will govern and control only for purposes of the use of Azure Operator Nexus, including use of the Near Edge Software as part of the Service.

Definitions

Near Edge means on-premises deployment.

Near Edge Software means software running on Customer-operated hardware in Customer’s datacenters.

Azure Operator Nexus Hardware means a specific hardware configuration for operation of Azure Operator Nexus, together with any accompanying software from the original equipment manufacturer.

Near Edge Terms

Hardware Terms

Customer is required to procure the Azure Operator Nexus Hardware from one or more third party vendors. Microsoft will provide the Azure Operator Nexus Hardware specifications, based on Customer’s stated goals and requirements as communicated to Microsoft, and a list of vendors from whom Customer may procure the Azure Operator Nexus Hardware. Customer is not required to procure the Azure Operator Nexus Hardware from any of the vendors provided by Microsoft and may procure it from an alternate vendor.

Microsoft is not responsible for delays related to the Service that are outside of its direct control, including any unavailability of Azure Operator Nexus Hardware. 

Customer must install the Azure Operator Nexus Hardware in its datacenter, and in a location that meets the space, power, security, bandwidth, network access, and other requirements as applicable and as advised by Microsoft and the hardware manufacturer. Customer will set up the Azure Operator Nexus Hardware such that it is remotely accessible over a secure Azure ExpressRoute connection.

Customer is responsible for ensuring that the full equipment specification is procured, installed, configured, and maintained according to the required specifications. Microsoft makes no warranty for, no service level agreement applies to, and Microsoft is not required to provide support for, Azure Operator Nexus if Customer does not install, configure, and maintain the Azure Operator Nexus Hardware to the minimum standard required by Microsoft.

Disclaimer of Warranty

MICROSOFT PROVIDES NO WARRANTIES OR CONDITIONS FOR THE AZURE OPERATOR NEXUS HARDWARE AND DISCLAIMS ANY EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF QUALITY, TITLE, NON-INFRINGEMENT, MERCHANTABLILITY, AND FITNESS FOR A PARTICULAR PURPOSE. MICROSOFT WILL NOT BE LIABLE FOR ANT DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOSS OF PROFITS, OR INTERRUPTION OF BUSINESS, HOWEVER CAUSED OR ON ANY THEORY OF LIABILITY, (“LOSSES”) ARISING FROM THE CUSTOMER’S USE OF AZURE OPERATOR NEXUS HARDWARE.

Software Terms

The Near Edge Software is licensed, not sold.  Subject to the following terms and conditions, Microsoft grants Customer a nonexclusive, limited, nontransferable license to use the Near Edge Software on Azure Operator Nexus Hardware solely as part of Azure Operator Nexus, and for no other purpose.  Microsoft reserves all other rights.

Customer may install any number of copies of the Near Edge Software and use the Near Edge Software as long as Customer maintains a subscription to Azure Operator Nexus and the Near Edge Software is (i) installed on Azure Operator Nexus Hardware, (ii) registered with Customer’s valid Azure subscription and (iii) connected to Customer’s Azure subscription at least once every 30 consecutive calendar days. All Customer’s rights to install and use Near Edge Software are subject to Customer’s enabling and maintaining metering for all copies of the Near Edge Software. 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.

If activation of the Near Edge Software is necessary, activation associates the use of the Near Edge Software with specific Azure Operator Nexus Hardware. During activation and subsequent use of the Azure Operator Nexus Hardware, the Near Edge Software may send information about the Near Edge Software and the Azure Operator Nexus Hardware to Microsoft, as described in the product documentation. Microsoft uses this telemetry to make the Service available to Customer. By using the Near Edge Software, Customer consents to the transmission of this information to Microsoft. Notwithstanding anything to the contrary in the Universal Terms for Online Services, Customer may reassign a License for Near Edge Software at any time to other Azure Operator Nexus Hardware.

This license does not give Customer any right to, and Customer may not use or virtualize features of the Near Edge Software separately from the Azure Operator Nexus Hardware.

The Near Edge Software is licensed to Customer under this agreement as part of an Online Service, Azure Operator Nexus. Notwithstanding that the Near Edge Software is part of an Online Service, because the physical operating environment of the Azure Operator Nexus Hardware is under Customer’s, not Microsoft’s, control the terms of the DPA do not apply to Near Edge Software installed on Azure Operator Nexus Hardware, except to the extent any Personal Data is collected by Microsoft.

Limited Warranties

Microsoft warrants that each version of the Near Edge Software will perform substantially as described in the applicable product documentation for one year from the date Customer is first licensed for that version. If it does not, and Customer notifies Microsoft within the warranty term, then Microsoft will, at its option (1) return the portion of the price Customer paid that is attributable to the Near Edge Software license, or (2) repair or replace the Near Edge Software. The remedies above are Customer’s sole remedies for breach of the warranties in this section. Customer waives any breach of warranty claims not made during the warranty period. The warranties in this section do not apply to problems caused by accident, abuse or use in a manner inconsistent with these terms and/or Customer’s Azure subscription agreement, including failure to meet minimum system requirements. Except for the limited warranties above, Microsoft provides no other warranties or conditions and disclaims any other express, implied or statutory warranties, including warranties of quality, title, non-infringement, merchantability, and fitness for a particular purpose for the Near Edge Software.

Non-Microsoft Products

Customer may only install Non-Microsoft Products for use with Azure Operator Nexus that Microsoft informs Customer have completed a pre-certification process. Customer may be required to enter into a separate licensing agreement with the developer of the Non-Microsoft Products.

Indemnity for Regulatory Breach

Customer’s right to use Azure Operator Nexus is subject to Customer agreeing to defend, hold harmless, and indemnify Microsoft and its directors, officers, employees, affiliates, and agents from and against (i) 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 Customer or Customer’s subcontractors, agents, employees, or customers; and (ii) any claim by an end user, third party, and/or regulatory authority in connection with the services provided by Customer to end users, including, without limitation, any claim alleging failure to comply with applicable telecommunication laws, security laws, and telemarketing laws, including the U.S. Telephone Consumer Protection Act of 1991. Customer shall pay any resulting judgment, or settlement, and all costs, including reasonable attorney’s fees, and expenses related thereto.

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