These are the terms and conditions for the Fujitsu Cloud Managed Service on Microsoft Azure Marketplace 1. Definitions 1.1. The Fujitsu Sales Services means the provision of advice and assistance to define, in cooperation with the Buyer, the services Fujitsu may provide and where agreed, the associated service contract for such services. The Fujitsu Sales Service may include the demonstration of Microsoft Azure and associated access and use of Microsoft Azure by the Buyer. 1.2. The Fujitsu Cloud Managed Service means the services that Fujitsu may provide to Buyer under the terms of a separate contract between Buyer and Fujitsu. 1.3. Buyer means the organisation or other Contracting Authority purchasing Fujitsu Sales Services. 1.4. End User means any person or entity that the Buyer permits to access or use any of the Fujitsu Sales Service or any Buyer Data. 1.5. Fujitsu means Fujitsu Limited. The Fujitsu Sales Service will work with Buyer to identify the appropriate Fujitsu country legal entity for the separate Fujitsu Cloud Managed Service contract. 2. Contact 2.1. The Fujitsu Sales Service shall comprise Fujitsu contacting the Buyer to define, in cooperation with the Buyer, the Buyer needs and to discuss the appropriate next steps. Fujitsu will use the email address and phone number supplied on Azure Marketplace associated with the Buyer for this purpose. 2.2. Buyer can choose to install the Assessment plan of the Fujitsu Cloud Managed Service to allow Fujitsu read-only access to Buyer's Microsoft Azure subscription for the sole purpose of providing the Fujitsu Sales Services. By installing the assessment plan the Buyer accepts that Fujitsu will access, without approval or notification, the Buyer's Microsoft Azure environment to collect information Fujitsu deems helpful for delivering the Fujitsu Sales Service. 2.3. If the Buyer prefers to contact Fujitsu directly for the Fujitsu Sales Service, please do so via the Marketplace Contact Form https://appsource.microsoft.com/en-us/marketplace/partner-dir/21143689-1853-47f3-b143-5462761705f6/overview or email to AskAzure@fujitsu.com. 3. Applicability 3.1. These terms and conditions apply only to the Fujitsu Sales Service purchased on Azure Marketplace. 3.2. Purchasing Fujitsu Cloud Managed Service remains subject to a further contract, to be agreed, between the Buyer and Fujitsu. For the avoidance of doubt, the Fujitsu Sales Service and these service terms, do not obligate either Party to enter into any further agreements. 3.3. The Buyer recognizes that as there is no charge being made by Fujitsu for the provision of the Fujitsu Sales Services, Fujitsu shall not be liable for the use by the Buyer of any of the recommendations, information or options provided by Fujitsu under or in relation to the Fujitsu Sales Services except to the extent that such liability cannot be excluded by law. 4. Acceptable Use 4.1. The Buyer must not engage in or allow any End User to engage in any conduct in connection with the use of any of the Fujitsu Sales Service that is unlawful, fraudulent, defamatory, offensive, obscene or that may bring Fujitsu's or any other member of its group's reputation into disrepute or cause harm or damage in respect of any person, network or system. Should Buyer access Microsoft Azure as part of the Fujitsu Sales Service, Buyer will (and will ensure that each End User will also) comply with Fujitsu's Acceptable Use Policy, as may be notified to Buyer in connection with accessing or using Microsoft Azure. The Buyer shall, be responsible for any losses, expenses, damages or costs incurred by Fujitsu arising from any violation of the Acceptable Use Policy by the Buyer or its End Users. 4.2. If Fujitsu determines that the Buyer has not complied with this obligation, or learns of any access or use of the Fujitsu Sales Services otherwise than in compliance with Fujitsu's Acceptable Use Policy or these Terms, then Fujitsu may take any measures that it deems appropriate to resolve the Buyer's non-compliance and resulting risks arising, without prior notice to the Buyer. These steps may include deleting or blocking all or any portion of the information that was transmitted or displayed by the Buyer or its End Users using the Fujitsu Sales Services, suspending the Fujitsu Sales Services or the Buyer's permitted access or terminating the Agreement immediately for breach incapable of remedy.