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| 1 | +# Azure AI Private Preview Terms – Online Experimentation |
| 2 | + |
| 3 | +Updated 11/11/2024 |
| 4 | + |
| 5 | +These terms are an agreement between you and Microsoft Corporation (or one of |
| 6 | +its affiliates). As confirmed by your acceptance of the invitation to |
| 7 | +participate in the **Online Experimentation Private Preview**, or by accessing |
| 8 | +any materials provided in connection with this private preview, you agree that |
| 9 | +(1) you have the authority to agree to these terms on behalf of your |
| 10 | +organization and (2) your organization agrees to, and is bound by, these terms. |
| 11 | + |
| 12 | +## Overview |
| 13 | + |
| 14 | +We welcome you to the Online Experimentation Private Preview (“<ins>Private |
| 15 | +Preview</ins>”). Your access to this Private Preview will enable you to create, |
| 16 | +run and analyze online A/B experiments and engage with a GitHub Copilot for |
| 17 | +Azure extension plugin that assists with experimentation. |
| 18 | + |
| 19 | +We are eager to collaborate with you so that your feedback can help us build the |
| 20 | +best product. Please note that this Private Preview may not be used in |
| 21 | +production deployments. Private Preview experimentation is restricted to |
| 22 | +internal use only. No access to external end users is allowed. You must take |
| 23 | +adequate security and access measures to ensure such internal-only use. |
| 24 | +Violation will result in your immediate removal from the Private Preview and |
| 25 | +removal from consideration of future preview opportunities. |
| 26 | + |
| 27 | +This Private Preview is subject to the Microsoft volume licensing agreement |
| 28 | +(“<ins>VLA</ins>”) applicable to your use of Microsoft online services, |
| 29 | +including applicable Product Terms (available at |
| 30 | +https://www.microsoft.com/licensing/terms) (“<ins>License Terms</ins>”). Any |
| 31 | +capitalized terms not otherwise defined in these Private Preview Terms will have |
| 32 | +the meaning given to them in your VLA. In the event of any conflict between |
| 33 | +these Private Preview Terms and the VLA, these terms will control. |
| 34 | + |
| 35 | +## What We Need from You |
| 36 | + |
| 37 | +Participants of this Private Preview are expected to foster a collaborative |
| 38 | +partnership with the Azure ExP product team (“<ins>Product Team</ins>”). Product |
| 39 | +Team leaders, engineers, and customer excellence representatives will be |
| 40 | +actively involved to help capture feedback, resolve bugs, and solve issues. |
| 41 | + |
| 42 | +During the private preview we will collect feedback using a general participant |
| 43 | +survey followed by a kick-off meeting to introduce the private preview. Once you |
| 44 | +have access to the private preview, we will schedule a follow-up meeting and |
| 45 | +send an additional survey to collect detailed private preview feedback. |
| 46 | + |
| 47 | +You are expected to maintain frequent communication with the Product Team. |
| 48 | +Failure to participate and provide feedback will result in removal from this |
| 49 | +Private Preview and may impact consideration of your future preview |
| 50 | +opportunities. |
| 51 | + |
| 52 | +## Acknowledgements |
| 53 | + |
| 54 | +Please remember that this Private Preview is a new and innovative technology and |
| 55 | +results are not guaranteed. Your oversight and review are crucial. Review the |
| 56 | +documentation and transparency content provided for this private preview. It is |
| 57 | +ultimately you who are accountable for the results of your use of this Private |
| 58 | +Preview. |
| 59 | + |
| 60 | +We want this Private Preview functionality to delight and assist you. |
| 61 | +Accordingly, if the Private Preview generates unintended results, or results |
| 62 | +that do not meet your expectations, immediately inform Microsoft (via the |
| 63 | +product manager you are working with or other mechanism specified by Microsoft). |
| 64 | + |
| 65 | +Being a Private Preview means it is made available to you before general |
| 66 | +availability so you can test and evaluate it and provide feedback to Microsoft. |
| 67 | +Previews may have restricted functionality and may employ reduced or different |
| 68 | +privacy, security, or compliance commitments than a commercial version. This |
| 69 | +Private Preview feature is provided “as-is,” “with all faults,” “as available,” |
| 70 | +and without warranty, support, or service level agreements. You may be required |
| 71 | +to update your Private Preview resource during or at the end of the Private |
| 72 | +Preview period. |
| 73 | + |
| 74 | +You are solely responsible for determining the appropriateness of using the |
| 75 | +Private Preview and you assume all risks associated with using it, including but |
| 76 | +not limited to risks and costs of program errors, compliance with applicable |
| 77 | +laws, damage to or loss of your data, programs or equipment, and unavailability |
| 78 | +or interruption of operations. |
| 79 | + |
| 80 | +You must not rely on the Private Preview to make business critical decisions and |
| 81 | +to cross-check any output responses by referencing the source data and telemetry |
| 82 | +that was used to generate the experiment results. |
| 83 | + |
| 84 | +## Other Terms |
| 85 | + |
| 86 | +_Service Limits._ This Private Preview is subject to the service limits |
| 87 | +described in the costs and billing section of the user documentation, and is not |
| 88 | +covered by any service level agreement. Limited use of the Private Preview is |
| 89 | +provided free of charge, but you are responsible for any additional Azure |
| 90 | +service costs beyond any free tier usage for any Azure services that are |
| 91 | +required for the Private Preview (e.g., Azure App Configuration, Azure Monitor). |
| 92 | + |
| 93 | +_Feedback._ In exchange for access to this Private Preview, you will give us |
| 94 | +suggestions, comments, input, ideas, or know-how, in any form, |
| 95 | +("<ins>Feedback</ins>") about the Private Preview or other Microsoft products or |
| 96 | +services. However, you will not provide us Feedback containing Personal Data or |
| 97 | +other data that is subject to legal or regulatory compliance requirements. You |
| 98 | +give to Microsoft, without charge, the right to use, share, and freely |
| 99 | +commercialize Feedback in any way and for any purpose. You also give third |
| 100 | +parties, without charge, the right to use, or interface with, any Microsoft |
| 101 | +products or services that include the Feedback. You represent and warrant that |
| 102 | +you own or otherwise control all rights to such Feedback and that no such |
| 103 | +Feedback is subject to any third-party rights. |
| 104 | + |
| 105 | +_Confidentiality._ Except for information that Microsoft has disclosed publicly, |
| 106 | +all information you receive about the Private Preview or other Microsoft |
| 107 | +products or services through participation in this Private Preview program is |
| 108 | +Confidential Information (defined below). All Confidential Information shared |
| 109 | +between you and Microsoft is subject to the non-disclosure agreement between us |
| 110 | +or, in the absence of one, the confidentiality terms below: |
| 111 | + |
| 112 | +> "<ins>Confidential Information</ins>" means non-public information, know-how, |
| 113 | +> or trade secrets in any form that are designated confidential or that a |
| 114 | +> reasonable person knows or reasonably should know to be confidential. |
| 115 | +> Confidential Information does not include any information, however designated, |
| 116 | +> that: (i) is or becomes publicly available without a breach of the |
| 117 | +> confidentiality terms herein; (ii) was lawfully known to the receiver of the |
| 118 | +> information without an obligation to keep it confidential; (iii) is received |
| 119 | +> from another source who can disclose it lawfully and without an obligation to |
| 120 | +> keep it confidential; (iv) is independently developed; or (v) is Feedback. |
| 121 | +> |
| 122 | +> Neither you nor Microsoft will disclose the other's Confidential Information |
| 123 | +> to a third party for five years. Each party will (a) use such information only |
| 124 | +> for the purposes of this business relationship, and (b) take reasonable steps |
| 125 | +> to protect the other's Confidential Information. |
| 126 | +> |
| 127 | +> Each party may disclose the other's Confidential Information to its |
| 128 | +> affiliates, employees, and contractors only on a need-to-know basis, subject |
| 129 | +> to the confidentiality provisions herein. |
| 130 | +> |
| 131 | +> Confidential Information may also be disclosed by either party as necessary to |
| 132 | +> comply with a judicial or other governmental order, but the party making such |
| 133 | +> disclosure must (a) first give the other party reasonable notice of such |
| 134 | +> disclosure to allow for a reasonable opportunity to seek a protective order or |
| 135 | +> equivalent, or (b) obtain written assurance from the applicable judicial or |
| 136 | +> governmental entity that it will afford the Confidential Information the |
| 137 | +> highest level of protection available under applicable law, or otherwise as |
| 138 | +> may be required by law. |
| 139 | +
|
| 140 | +[End of Preview Terms] |
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