MICROSOFT LICENSE TERMS

MICROSOFT WINDOWS VIRTUAL DESKTOP – PROVISION A HOST POOL

These license terms are an agreement between you and Microsoft Corporation (or one of its affiliates). They apply to the solution template named above and any Microsoft services or updates (except to the extent such services or updates are accompanied by new or additional terms, in which case those different terms apply prospectively and do not alter your or Microsoft’s rights relating to pre-updated solution template, software or services). IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW. BY USING THE SOLUTION TEMPLATE, YOU ACCEPT THESE TERMS.

1. INSTALLATION AND USE RIGHTS.
   1. General. 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. If you obtained access to software or open source components 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 (but not the solution template itself) shall be governed by agreement under which you have obtained Microsoft Azure services from Microsoft or an authorized reseller and the applicable privacy policy (see https://azure.microsoft.com/en-us/support/legal/). Your Azure subscription will be billed for fees and applicable taxes associated with use of Azure resources and services deployed by this template until your use is discontinued.
   2. Included Applications. This solution template will deploy an Azure Virtual Machine that uses other operating system virtual machine images published by Microsoft in the Azure Marketplace. Your use shall be governed by the terms embedded in or accompanying that image. Your subscription will be billed for fees and applicable taxes associated with deployment and use of that image.
   3. Third Party Software. This solution template enables you to obtain software applications from other sources. Those applications are offered and distributed by third parties under their own license terms. Microsoft is not developing, distributing or licensing those applications to you, but instead, as a convenience, enables you to use this solution template to obtain those applications directly from the application providers. By using the solution template, you acknowledge and agree that you are obtaining the applications directly from the third party providers and under separate license terms, and that it is your responsibility to locate, understand and comply with those license terms. Microsoft grants you no license rights for third-party software or applications that is obtained using this solution template.
2. PRE-RELEASE SOFTWARE. The solution template 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 the solution template 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. FEEDBACK. If you give feedback about the solution template 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 software or documentation to third parties because Microsoft includes your feedback in them. These rights survive this agreement.
4. DATA COLLECTION. The software may collect information about you and your use of the solution template 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 solution template may enable collection of data from users of your applications that access or use the solution template. 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://privacy.microsoft.com/en-us/privacystatement. You agree to comply with all applicable provisions of the Microsoft Privacy Statement.
5. SCOPE OF LICENSE. The solution template 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 solution template that only allow you to use it in certain ways;
   2. reverse engineer, decompile, or disassemble the solution template, or attempt to do so, except and only to the extent required by third party licensing terms governing the use of certain open-source components that may be included with the solution template;
   3. remove, minimize, block, or modify any notices of Microsoft or its suppliers in the solution template;
   4. use the solution template in any way that is against the law or to create or propagate malware; or
   5. share, publish, distribute, or lend the solution template, provide the solution template as a stand-alone hosted solution for others to use, or transfer the solution template or this agreement to any third party.
6. EXPORT RESTRICTIONS. You must comply with all domestic and international export laws and regulations that apply to the solution template, which include restrictions on destinations, end users, and end use. For further information on export restrictions, visit http://aka.ms/exporting.
7. SUPPORT SERVICES. Microsoft is not obligated under this agreement to provide any support services for the solution template. Any support provided is “as is”, “with all faults”, and without warranty of any kind.
8. UPDATES. The solution template 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 solution template features, services, or peripheral devices.
9. ENTIRE AGREEMENT. This agreement, and any other terms Microsoft may provide for supplements, updates, or third-party applications, is the entire agreement for the solution template.
10. APPLICABLE LAW AND PLACE TO RESOLVE DISPUTES. If you acquired the solution template 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. If you acquired the solution template in any other country, its laws apply. 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. 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.
11. 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 solution template. 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 solution template in one of the below regions, or mandatory country law applies, then the following provisions apply to you: Australia. You have statutory guarantees under the Australian Consumer Law and nothing in this agreement is intended to affect those rights. Canada. If you acquired this solution template 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 solution template will resume checking for and installing updates), or uninstalling the solution template. The product documentation, if any, may also specify how to turn off updates for your specific device or solution template. Germany and Austria. i.Warranty. The properly licensed solution template will perform substantially as described in any Microsoft materials that accompany the solution template. However, Microsoft gives no contractual guarantee in relation to the licensed solution template. ii.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.
12. DISCLAIMER OF WARRANTY. THE SOLUTION TEMPLATE 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.
13. 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 solution template, 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.