MICROSOFT TERMS OF USE

MICROSOFT-PUBLISHED TERRAFORM SOLUTION TEMPLATE FOR USE IN MICROSOFT AZURE

These terms of use are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. They apply to the solution template named above (the "solution template") and described below. The terms also apply to any Microsoft

for this solution template, unless other terms accompany those items. If so, those terms apply.

By using the solution template, you accept these terms. If you do not accept them, do not use the solution template.

As described below, using some features also operates as your consent to the transmission of certain standard computer information for Internet-based services.

  1. DEFINITIONS
    1. "Customer Agreement" means the agreement under which you have obtained Microsoft Azure services from Microsoft or an authorized reseller or Microsoft affiliate.
  2. USE RIGHTS.
    1. Use within Microsoft Azure. Subject to the terms and conditions of this agreement, Microsoft grants you a limited, non-exclusive, non-transferable right to use the solution template within Microsoft Azure. Modification of the solution template is permitted provided that use of the modified solution template is internal and solely within Microsoft Azure. If you obtained access to software through the solution template, you may use the software only in virtual machines in Microsoft Azure deployed from the solution template. Use of Microsoft Azure resources and services deployed by the solution template shall be governed by your Customer Agreement.
    2. Ubuntu Server. The solution template deploys a single Azure Virtual Machine. This Virtual Machine uses the Ubuntu Server 16.04 LTS, an Azure Marketplace operating system virtual machine image published by Canonical. Your use of the Ubuntu Server shall be governed by the terms embedded in or accompanying that image.
    3. Third-Party Programs. The solution template may download one or more of the third-party programs listed below to each Azure Virtual Machine:
    4. Your use of such programs will be governed by the terms embedded in or accompanying those programs.  In all cases, the disclaimers and limitations on exclusion of damages below also apply.
  3. SCOPE OF RIGHT. This agreement only gives you some rights to use the solution template. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the solution template only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the solution template that only allow you to use it in certain ways. You may not
  4. INTERNET-BASED SERVICES. Microsoft or its licensors may provide Internet-based services in connection with the solution template.  For example, Microsoft or its licensors may configure the solution template to check occasionally for updates or supplements to the solution template.  Microsoft or its licensors may change or cancel such Internet-based services, if any, at any time. For more information on Microsoft Azure privacy practices, see http://go.microsoft.com/fwlink/p/?linkid=131004&clcid=0x409 and any disclosures within the solution template user interface, if any. This privacy statement does not apply to internet-based services or data collected by Ubuntu Server or any other third party programs deployed by the solution template.
  5. EXPORT RESTRICTIONS. The solution template is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the solution template or any direct product thereof. These laws include restrictions on destinations, end users, and end use. For additional information, see www.microsoft.com/exporting
  6. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services, and support services that you use, are the entire agreement for the solution template and support services, if any.
  7. APPLICABLE LAW. This agreement, including any claims for breach of it, will be governed by the laws of the state or country applicable to your Customer Agreement.
  8. LEGAL EFFECT This agreement describes certain legal rights. You may have other rights under the laws of your country. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
  9. DISCLAIMER OF WARRANTY. The solution template is provided "as-is." You bear the risk of using it. Microsoft gives no express warranties, guarantees, or conditions. You may have additional consumer rights or statutory guarantees under your local laws that this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes all implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

    FOR AUSTRALIA You have statutory guarantees under the Australian Consumer Law, and nothing in these terms is intended to affect those rights.

  10. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. For any claim arising in connection with this agreement, you can recover from Microsoft only direct damages up to U.S. $5.00. You cannot recover from Microsoft any other damages, including consequential, special, indirect, punitive, incidental, or damages based on any loss of profits, revenue, data, or data use arising from or relating to the Microsoft Azure platform and the use of the solution template.

    This limitation applies to

    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 country may not allow the exclusion or limitation of incidental, consequential, or other damages.