These are the terms and conditions for the Fujitsu Cloud Service on Microsoft's Azure Marketplace.

1. Definitions

1.1. The Fujitsu Cloud Service means the provision of advice and assistance to define, in cooperation with the Buyer, the Azure Services Fujitsu may provide and where agreed, the associated service contract for such services. The Fujitsu Cloud Service may include the demonstration of Azure and associated access and use of Azure by the Buyer.

1.2. Azure Services means the services that Fujitsu may provide to Buyer under the terms of a separate contract between Buyer and Fujitsu Services.

1.3. Buyer means the organisation or other Contracting Authority purchasing Fujitsu Cloud Services.

1.4. End User means any person or entity that the Buyer permits to access or use any of the Azure Services or any Buyer Data.

1.5. Fujitsu means Fujitsu Services Limited.

2. Contact

2.1. The Fujitsu Cloud 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 supplied on Azure Marketplace associated with the Buyer for this purpose.

2.2. If the Buyer prefers to contact Fujitsu directly, please do so via the Marketplace Contact Form or email to AskAzure@uk.fujitsu.com.

3. Applicability

3.1. These terms and conditions apply only to the Fujitsu Cloud Service purchased on Azure Marketplace.

3.2. Purchasing Azure Services remains subject to a further contract, to be agreed, between the Buyer and Fujitsu. For the avoidance of doubt, the Fujitsu Cloud Service and these Fujitsu Cloud 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 Cloud 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 Cloud 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 Cloud 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 Azure as part of the Fujitsu Cloud 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 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 Cloud 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 Cloud Services, suspending the Fujitsu Cloud Services or the Buyer's permitted access or terminating the Agreement immediately for breach incapable of remedy.