g. No third party beneficiaries. There are no third party beneficiaries of this Agreement. One. Duration of the contract and termination. This Agreement will survive the expiration, termination or renewal of your subscription, whichever comes first. (i) Upon renewal of your Subscription, this Agreement will terminate and your Subscription will be subject to the terms and conditions set forth on the Portal on the date of renewal of your Subscription (the “Renewal Terms”). If you do not agree to the renewal terms, you can refuse to renew your subscription. “Portal” means the respective websites of the Online Services that may be found under products.office.com/en-us/home, azure.microsoft.com/en-us/pricing/ or on another website identified by us. The agreement is publicly available from Microsoft here.
You should refer to this document as authoritative and not to my blog. I`m not a lawyer and the agreement is between Microsoft and the client, but here`s a breakdown of the key points. One. Right of Use. We grant you the right to access and use the Online Services and to install and use the software included in your subscription as further described in this Agreement. We reserve all other rights. b. Transfers and assignments of licences. You may not assign or transfer any licenses, in whole or in part, to this Agreement without Microsoft`s consent. c. Suspension. We may suspend your use of the Online Services if: (1) it is reasonably necessary to prevent unauthorized access to Customer Data; (2) you fail to respond within a reasonable time to a claim for alleged breach under Section 5; (3) You will not pay any amount due under this Agreement; (4) you fail to comply with the Terms of Use or breach any other term of this Agreement; or (5) for Limited Offers, the Subscription becomes inactive if you do not access the Online Services as described in the Offer Details.
If one or more of these Conditions occur, then: j. Additional software for use with the Online Services. In order to provide optimal access to and use of certain Online Services, you may install and use certain software in connection with your use of the Online Service, as described in the Online Services Terms of Use. We license software to you; we do not sell it. Proof of your software license is (1) this Agreement, (2) an order confirmation, and (3) proof of payment. Your rights to access the software on any of them do not entitle you to enforce Microsoft patents or other Microsoft intellectual property rights in software or devices that access that device. f. Drafts.
We can provide insights. Previews are provided “as is”, “with all defects” and “as available” and are excluded from the SLAs and all limited warranties provided in this Agreement. Previews may not be covered by customer support. We may change or discontinue previews at any time without notice. We may also choose not to publish a general availability preview. This Microsoft Online Subscription Agreement is between the entity you represent or, if you do not designate a legal entity in connection with a purchase or subscription renewal, between you personally (“you” or “your”) and Microsoft Corporation (“Microsoft”, “we”, “us” or “our”). It consists of the following terms and conditions, as well as the terms and conditions for online services, SLAs and offer details for your subscription or renewal (collectively, the “Agreement”). It will take effect on the day we provide you with confirmation of your subscription or on the date your subscription is renewed. Key terms are defined in Section 8. f. No agency.
This Agreement does not create an agency, partnership or joint venture. (iii) Limited Offer. You will receive a limited number of online services free of charge for a limited period of time (e.g. B in the form of a trial subscription or free account) or as part of another Microsoft offering (e.B. MSDN). The provisions of this Agreement regarding pricing, cancellation fees, payment and data storage may not apply. (ii) this Limited Warranty does not cover problems caused by an accident, misuse or use of the Products in a manner inconsistent with this Agreement or our published documentation or advice or that is due to events beyond our control; Most of Microsoft`s online services come with a service level agreement. And almost all of them are set at the three-nine level: a 99.9% uptime guarantee. You can also see SKUs for four-nine and five-nine, although it`s almost always advertising for actual performance, not guaranteed performance. i. Entire Agreement.
This Agreement is the entire Agreement with respect to its subject matter and supersedes all prior or contemporaneous notices. In the event of any conflict between the documents in this Agreement that is not expressly resolved in these documents, their terms will prevail in the following descending order of priority: (1) this Microsoft Online Subscription Agreement, (2) the Online Terms of Service, (3) the applicable Offer Details, and (4) any other documents in this Agreement. (i) in the case of academic offers, the requirements applicable to educational institutions (including administrative or educational authorities, public libraries or public museums) listed in www.microsoftvolumelicensing.com/DocumentSearch.aspx?Mode=3&DocumentTypeId=7; e. Denial. Failure to enforce any provision of this Agreement shall not constitute a waiver. The SERVICE Level Agreement provides service credits if Microsoft falls under its SLA. d. Customer Data. You are solely responsible for the content of all Customer Data. You secure and retain all rights to Customer Data necessary for us to provide the Online Services to you without violating the rights of third parties or obliging Microsoft to them or third parties. Microsoft assumes no obligation with respect to Customer Data or your use of the Product, except as expressly provided in this Agreement or as required by applicable law.
“Online Services Terms of Use” means the terms and conditions that apply to your use of the Products available on www.microsoft.com/en-us/Licensing/product-licensing/products.aspx. The Online Services Terms of Use contain terms that govern your use of the Products and apply in addition to the terms of this Agreement. d. Severability. If any part of this Agreement is held to be unenforceable, the remainder will remain in full force and effect. For today`s article, I thought I`d take a little admin-centric detour to talk a bit about Microsoft and Office 365 Service Level Agreements (SLAs), what happens if Microsoft doesn`t meet them, and how to get a refund. For a video preview with step-by-step instructions on how to submit a service credit request in the admin center, click Play at the bottom. a. Restriction. Each party`s aggregate liability for all claims under this Agreement shall be limited to direct damages up to the amount paid under this Agreement for the Online Service in the 12 months preceding the occurrence of the cause of action; provided that in no event does the total liability of a party for an Online Service exceed the amount paid when subscribing to that Online Service. For products provided free of charge, Microsoft`s liability is limited to direct damages up to a maximum of $5,000.00. h.
Applicable law and jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of Washington, without regard to its principles of conflict of laws, except that (i) if you are a U.S. government entity, this Agreement will be governed by the laws of the United States, and (ii) if you are a state or local government entity in the United States, this Agreement will be governed by the laws of that state. Any action to enforce this agreement must be filed in Washington State. This choice of jurisdiction does not prevent any party from bringing an injunction in an appropriate jurisdiction for infringement of intellectual property rights. f. Taxes. Prices are exclusive of taxes, unless taxes other than those indicated on the invoice. You must pay all applicable taxes on value added, goods and services, sales, gross revenue or other transaction taxes, fees, charges or regulatory cost recovery surcharges or surcharges or similar amounts due under this Agreement that we may collect from you under applicable law. . . .