MICROSOFT SOFTWARE LICENSE TERMS

HYPERLEDGER FABRIC ON AZURE KUBERNETES SERVICE

IF YOU LIVE IN (OR ARE A BUSINESS WITH A PRINCIPAL PLACE OF BUSINESS IN) THE UNITED STATES, PLEASE READ THE “BINDING ARBITRATION AND CLASS ACTION WAIVER” SECTION BELOW. IT AFFECTS HOW DISPUTES ARE RESOLVED.

These license terms are an agreement between you and Microsoft Corporation (or one of its affiliates). They apply to the solution template named above (referred to herein as the “product”) and associated Microsoft services or product updates (except to the extent such services or updates are accompanied by separate terms, in which case those different terms apply prospectively and do not alter your or Microsoft’s rights relating to such associated updates or services). IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW. BY DEPLOYING AND USING THE PRODUCT, YOU ACCEPT THESE TERMS.

1. INSTALLATION AND USE RIGHTS.
1. General. You may deploy and use any number of copies of the product solely within your Microsoft Azure subscription.
2. Third Party Software. The product may include third party open source applications that Microsoft, not the third party, licenses to you under this agreement. Any included notices for third party applications are for your information only.
3. Azure Marketplace Offerings. The product may deploy Azure Marketplace Offerings to your subscription. Your rights to use any marketplace Offering is governed by separate terms of use provided by the Publisher of such Marketplace Offering (“Terms of Use”). Except for Marketplace Offerings that Microsoft publishes, we are not a party to and are not bound by any Publisher Terms of Use.
4. Microsoft Online Subscription Agreement. Microsoft Azure resources and services deployed by the product (but not the product itself) shall be governed by agreement and privacy policies associated with your Microsoft Azure subscription. The services may not be available in all regions. For more information see https://go.microsoft.com/fwLink/?LinkID=522330&clcid=0x9. Your Microsoft Azure subscription will be billed for fees and applicable taxes associated with use of Microsoft Azure resources and services and any Azure Marketplace Offerings deployed by the product until your use is discontinued.
2. PRE-RELEASE SOFTWARE. The product is a pre-release version (“Preview”). It may not operate correctly. It may be different from the commercially released version.  Previews may employ lesser or different privacy and security measures than those typically present in Microsoft products and services which are a commercially released version. You should not use previews to process personal data or other data that is subject to legal or regulatory compliance requirements.  Further, for the Azure Services which are in Preview, and which the product provides access to or relies on, the following sections of the “Data Protection Terms” in the Online Services Terms do not apply: Processing of Personal Data; GDPR, Data Security, and HIPAA Business Associate.
3. TIME-SENSITIVE SOFTWARE.
1. Term. The term of this agreement is until 31/10/20 (day/month/year) or 30 days following commercial/general release of the product, whichever is earlier.
2. Notice. You may receive periodic reminder notices of this date through the product.
4. FEEDBACK. If you give feedback about the product or associated services to Microsoft, you give to Microsoft, without charge, the right to use, share and commercialize your feedback in any way and for any purpose. You will not give feedback that is subject to a license that requires Microsoft to license its products or documentation to third parties because Microsoft includes your feedback in them. These rights survive this agreement.
5. DATA COLLECTION. The software may collect information about you and your use of the software and send that to Microsoft. Microsoft may use this information to provide services and improve Microsoft’s products and services. Your opt-out rights, if any, are described in the product documentation. Some features in the software may enable collection of data from users of your applications that access or use the software. If you use these features to enable data collection in your applications, you must comply with applicable law, including getting any required user consent, and maintain a prominent privacy policy that accurately informs users about how you use, collect, and share their data. You can learn more about Microsoft’s data collection and use in the product documentation and the Microsoft Privacy Statement at https://go.microsoft.com/fwlink/?LinkId=512132. You agree to comply with all applicable provisions of the Microsoft Privacy Statement.
6. SCOPE OF LICENSE. The product is licensed, not sold. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you will not (and have no right to):
1. work around any technical limitations in the product that only allow you to use it in certain ways;
2. reverse engineer, decompile or disassemble the product;
3. remove, minimize, block, or modify any notices of Microsoft or its suppliers in the product;
4. use the product for commercial, non-profit, or revenue-generating activities;
5. use the product in any way that is against the law or to create or propagate malware; or
6. share, publish, distribute, or lend the product, provide the product as a stand-alone hosted solution for others to use, or transfer the product or this agreement to any third party.
7. EXPORT RESTRICTIONS. You must comply with all domestic and international export laws and regulations that apply to the product, which include restrictions on destinations, end users, and end use. For further information on export restrictions, visit http://aka.ms/exporting.
8. SUPPORT SERVICES. Microsoft is not obligated under this agreement to provide any support services for the product. Any support provided is “as is”, “with all faults”, and without warranty of any kind.
9. UPDATES. The product may periodically check for updates, and download and install them for you. You may obtain updates only from Microsoft or authorized sources. Microsoft may need to update your system to provide you with updates. You agree to receive these automatic updates without any additional notice. Updates may not include or support all existing product features, services, or peripheral devices.
10. BINDING ARBITRATION AND CLASS ACTION WAIVER. This Section applies if you live in (or, if a business, your principal place of business is in) the United States.  If you and Microsoft have a dispute, you and Microsoft agree to try for 60 days to resolve it informally. If you and Microsoft can’t, you and Microsoft agree to binding individual arbitration before the American Arbitration Association under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not allowed; nor is combining individual proceedings without the consent of all parties. The complete Arbitration Agreement contains more terms and is at http://aka.ms/arb-agreement-1. You and Microsoft agree to these terms.
11. TERMINATION. Without prejudice to any other rights, Microsoft may terminate this agreement if you fail to comply with any of its terms or conditions. In such event, you must destroy all copies of the product and all of its component parts.
12. 12. ENTIRE AGREEMENT. This agreement, and any other terms Microsoft may provide for supplements, updates, or third-party applications, is the entire agreement for the product.
13. APPLICABLE LAW AND PLACE TO RESOLVE DISPUTES. If you acquired the product in the United States or Canada, the laws of the state or province where you live (or, if a business, where your principal place of business is located) govern the interpretation of this agreement, claims for its breach, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of laws principles, except that the FAA governs everything related to arbitration. If you acquired the product in any other country, its laws apply, except that the FAA governs everything related to arbitration. If U.S. federal jurisdiction exists, you and Microsoft consent to exclusive jurisdiction and venue in the federal court in King County, Washington for all disputes heard in court (excluding arbitration). If not, you and Microsoft consent to exclusive jurisdiction and venue in the Superior Court of King County, Washington for all disputes heard in court (excluding arbitration).
14. CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state, province, or country. Separate and apart from your relationship with Microsoft, you may also have rights with respect to the party from which you acquired the product. This agreement does not change those other rights if the laws of your state, province, or country do not permit it to do so. For example, if you acquired the product in one of the below regions, or mandatory country law applies, then the following provisions apply to you:
1. Australia. You have statutory guarantees under the Australian Consumer Law and nothing in this agreement is intended to affect those rights.
2. Canada. If you acquired this product in Canada, you may stop receiving updates by turning off the automatic update feature, disconnecting your device from the Internet (if and when you re-connect to the Internet, however, the product will resume checking for and installing updates), or uninstalling the product. The product documentation, if any, may also specify how to turn off updates for your specific device or product.
3. Germany and Austria.
   1. Warranty. The properly licensed product will perform substantially as described in any Microsoft materials that accompany the product. However, Microsoft gives no contractual guarantee in relation to the licensed product.
   2. Limitation of Liability. In case of intentional conduct, gross negligence, claims based on the Product Liability Act, as well as, in case of death or personal or physical injury, Microsoft is liable according to the statutory law.

      Subject to the foregoing clause ii., Microsoft will only be liable for slight negligence if Microsoft is in breach of such material contractual obligations, the fulfillment of which facilitate the due performance of this agreement, the breach of which would endanger the purpose of this agreement and the compliance with which a party may constantly trust in (so-called "cardinal obligations"). In other cases of slight negligence, Microsoft will not be liable for slight negligence.

15. DISCLAIMER OF WARRANTY. THE PRODUCT IS LICENSED “AS IS.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, MICROSOFT EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
16. LIMITATION ON AND EXCLUSION OF DAMAGES. IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES DESPITE THE PRECEDING DISCLAIMER OF WARRANTY, YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.

    This limitation applies to (a) anything related to the product, services, content (including code) on third party Internet sites, or third party applications; and (b) claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, or other tort; or any other claim; in each case to the extent permitted by applicable law.

    It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your state, province, or country may not allow the exclusion or limitation of incidental, consequential, or other damages.