Microsoft Cloud Agreement

It is an agreement between Microsoft Corporation and the entity you represent, or, if you do not designate an entity relating a subscription, then this document is only between Microsoft and you individually. This agreement consists of Terms and conditions, Use Rights, SLAs and online services terms.


Grants, Rights and Terms

Rights granted under this agreement are non-exclusive and non-transferable. Microsoft grants you the right to access and use the Online Services as well as to install and use Software included within the Subscription. User can use the product as per Acceptable Use Policy and may not reverse engineer, decompile, disassemble or work around technical limitations in the Product. User do not have rights to rent, lease, lend, resell, transfer, or host any Product to or for third parties.


Subscriptions, ordering.

The online service terms effect on the Effective Date will apply to your use of the Product for the initial term of the Subscription. For any renewal term, the Online Services Terms in effect on the date of renewal will apply. Customer acknowledge and agree to this that once they choose the reseller that reseller will be an additional administrator of the online services for the terms and customer will be unable to choose another reseller for that term. Also, reseller will have the same administrative access to customer data as customer’s administrator.


Eligibility for Academic, Government and Non-profit versions

Customer should meet qualified eligibility requirements for purchasing an academic or government offer which is published at http://www.microsoftvolumelicensing.com/.


Term, termination

The terms and conditions of this agreement is confidential and disclosing these might cause termination and suspension of this agreement.

Order of the products must be placed through customer’s designated reseller and increase in quantity of product or addition of products can be done under terms of subscription. Pricing and Payments, Renewal, Taxes, Duration of agreement and Termination and termination of breach will be taken care by the reseller only.


Security, privacy, and data protection

Customer consent to the processing of personal information by Microsoft and its agents to facilitate the subject matter of this agreement, and may choose to provide personal information to Microsoft on behalf of third parties (including your contacts, resellers, distributors, administrators, and employees) as part of this agreement.


Warranties

Each Online Service will meet the terms of the applicable SLA during the applicable term. For one year from the date you first use the Software, it will perform substantially as described in the applicable user documentation. If Software fails to meet this warranty, we will at our option (1) return the price paid for the Software or (2) repair or replace the Software.


Defense of claims

We will defend you against any claims made by an unaffiliated third party that a Product infringes its patent, copyright or trademark or makes unlawful use of its trade secret.

Customer will defend Microsoft against any third-party claim to the extent it alleges that: (1) any Customer Data or non-Microsoft software hosted in an Online Service by Microsoft on Customer’s behalf misappropriates a trade secret or directly infringes a patent, copyright, trademark, or other proprietary right of a third party.


Limitation of liability

For Online Services, Microsoft’s maximum liability to Customer for any incident giving rise to a claim will not exceed the amount Customer paid for the Online Service during the 12 months before the incident. For Products provided free of charge and code that Customer is authorized to redistribute to third parties without separate payment to Microsoft, Microsoft’s liability is limited to direct damages finally awarded up to US$5,000.


Software

It is the Licenses purchased. We grant you licenses for the number of copies of Software you ordered. License transfers are not permitted.


Support

Support services for products purchased under this agreement will be provided by Reseller.