Software Activation and Consent for Data Use to Provide Azure Orbital Cloud Access Previews
As applicable, activation of Software associates the use of the Software with a specific device. During activation and subsequent use of the Azure Orbital Cloud Access Device, the Software may send information about the Software and Azure Orbital Cloud Access 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., internet protocol addresses of device, device name, time and update server IP address). Microsoft uses this information to make the Azure Orbital Cloud Access Previews available to Customer. By using the Azure Orbital Cloud Access Devices and Software, Customer consents to the transmission of this information to Microsoft.
Non-Microsoft Products
Microsoft may make Non-Microsoft Products available to Customer through Customer's use of the Azure Orbital Cloud Access Preview, such as through a Microsoft online store (e.g., the Azure Marketplace) or as a component of the Azure Orbital Cloud Access Device. If Customer installs or uses any Non-Microsoft Product with the Azure Orbital Cloud Access Preview, Customer may not do so in any way that would subject Microsoft's intellectual property or technology to obligations beyond those expressly included in Customer's licensing agreement. For Customer's convenience, Microsoft may include charges for certain Non-Microsoft Product as part of Customer's bill for Online Services. Microsoft, however, assumes no responsibility or liability whatsoever for any Non-Microsoft Product. Customer is solely responsible for any Non-Microsoft Product that it installs or uses with the Azure Orbital Cloud Access Preview or acquires or manages through a Microsoft online store. Customer's use of any Non-Microsoft Product shall be governed by the license, service, and/or privacy terms between Customer and the publisher of the Non-Microsoft Product (if any).
Title and Risk of Loss; Shipment and Return Responsibilities
Title and Risk of Loss
All right, title and interest in each Azure Orbital Cloud Access Device is and shall remain the property of Microsoft. Except as expressly set forth in these terms, no rights are granted to any Azure Orbital Cloud Access Device (including under any patent, copyright, trade secret, trademark or other proprietary rights). Customer is responsible for inspecting the Azure Orbital Cloud Access Devices upon receipt from the carrier and for promptly reporting any damages to aoca@microsoft.com. Customer is responsible for the entire risk of loss of, or any damage to (other than expected wear and tear), the Azure Orbital Cloud Access Devices once it has been delivered by the carrier to Customer’s designated shipping address until the Microsoft-designated carrier accepts the Azure Orbital Cloud Access Devices for return delivery.
Microsoft may charge Customer for a lost device fee for the Azure Orbital Cloud Access Devices if Customer does not provide the Azure Orbital Cloud Access Devices to the Microsoft-designated carrier for return or return the Azure Orbital Cloud Access Devices pursuant to the "Shipment and Return of Azure Orbital Cloud Access Devices" Section below within 30 days from the end of Customer's use of the Azure Orbital Cloud Access Preview. Microsoft reserves the right to charge a fee for lost or damaged devices.
Shipment and Return of Azure Orbital Cloud Access Devices
Customer will be responsible for a one-time - shipping fee for the shipment of the Azure Orbital Cloud Access Devices which includes from Microsoft to Customer and return shipping of the same. When returning an Azure Orbital Cloud Access Devices to Microsoft, Customer will package and ship the same in accordance with Microsoft's instructions, including by using a carrier designated by Microsoft and the packaging materials provided by Microsoft. Customer will package and ship the Azure Orbital Cloud Access Devices in accordance with Microsoft's packaging instructions.
Fees
Customer may use other Microsoft Azure services in connection with Customer's use of the Azure Orbital Cloud Access Preview, and Microsoft deems such services as separate services that may be subject to separate metered fees and costs. By way of example only, Azure Storage and Azure Compute are separate Azure services, and if used (even in connection with its use of the Azure Orbital Cloud Access Preview), separate Azure metered services will apply.
Azure Orbital Cloud Access Preview subscription fees are billed at a flat monthly rate. If you decide to cancel the Azure Orbital Cloud Access Preview before the expiration of the Azure Orbital Cloud Access Preview program, then you must provide Microsoft with notice of your cancellation via email toaoca@microsoft.comand the applicable subscription fees will be assessed through the duration of the month during which Microsoft receives and processes your return of the Azure Orbital Cloud Access Devices.
Government Customers
Moving Azure Orbital Cloud Access Device between Government Customer's Locations
Government Customers in possession of Azure Orbital Cloud Access Devices may, at government Customer's sole risk and expense, transport the Azure Orbital Cloud Access Devices to government Customer's different locations in accordance with this Section and the requirements of these terms. 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 Azure Orbital Cloud Access Devices and associated Software and government Customer’s data to any such different government Customer location. Government Customer shall also be responsible for customs clearance at any such different government Customer location, and 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 Azure Orbital Cloud Access Devices beyond the country border in which government Customer receives the Azure Orbital Cloud Access Devices. Notwithstanding the foregoing, if government Customer transports the Azure Orbital Cloud Access Devices to a different location as set forth in this Section, government Customer agrees to cause the Azure Orbital Cloud Access Devices to return to the country location where government Customer received it initially, prior to shipping the Azure Orbital Cloud Access Devices to Microsoft. Government Customers acknowledge that there are inherent risks in shipping data on and in connection with the Azure Orbital Cloud Access Devices, and that Microsoft will have no liability to government Customer for any damage, theft, or loss occurring to an Azure Orbital Cloud Access Device or any data stored on one, including without limitation in transit.
Terms Unique to the US Federal Government
If any provision of these terms or incorporated by reference herein (a) allows for the automatic renewal of services and/or fees; (b) requires the governing law to be anything other than US Federal law; or (c) otherwise violates applicable Federal law, then, such provision(s) shall not apply. If any provision of these terms, or incorporated by reference herein, contains an indemnification provision, such provision shall not apply as to the United States indemnifying Microsoft or any other party.
