Premier Proactive Services

Premier

Proactive Services

Terms of Use

Last updated: June 2015

NOTICE TO CUSTOMER AND END USERS

All references to "you" or "your" in these Terms of Use ("TOU") are to the organization that has an active, valid subscription for the Services as defined below ("Customer"). An "End User" is a Customer's student, faculty, administrator or employee who is authorized by Customer to use the Services. Any End User information Microsoft collects or handles through the Services is processed for the Customer. Microsoft is not responsible for the privacy practices of Customer or other third parties. If you are a Customer, you warrant that your End Users will comply with and agree to the terms and conditions of this TOU.

SCOPE AND ACCEPTANCE OF TERMS.

The TOU is an agreement between you and Microsoft Corporation (or based on where you live one of its affiliates) that describes your rights to use the Services Microsoft reserves the right to update the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages

You may only access or use the Services if you agree to these TOU and you agree to provide notice to your End Users of this TOU. If you do not agree, do not access of use the Services.

DESCRIPTION OF SERVICES.

The TOU applies to RAP as a Service and Education as a Service (the foregoing are collectively referred to as the "Premier Proactive Services"), and any other software, website, or service that links to this agreement (collectively the "Services").

PERSONAL AND NON-COMMERCIAL USE LIMITATION.

Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION.

See the Premier Proactive Services Privacy Statement relating to the collection and use of your information at https://services.premier.microsoft.com/trust/privacy.

NOTICE SPECIFIC TO VIDEO CONTENT AVAILABLE ON THIS WEB SITE.

Education as a Service

The Education as a Service On-Demand Workshop Library consists of on-demand video content ("training packages") that are proprietary and confidential, and intended only for the uses described in the training materials. The training packages, their content and any software are provided to you under a non-disclosure agreement and are Microsoft confidential information. Copying or disclosing all or any portion of the content and/or software included in the training packages is strictly prohibited. Your access to and use of the training packages is for a limited period of time equal to the length of your subscription for the Service.

The contents of training packages are for informational and training purposes only and are provided "as is" without warranty of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Training packages content, including URLs and other internet website references, is subject to change without notice. Because Microsoft must respond to changing market conditions, the content should not be interpreted to be a commitment on the part of Microsoft, and Microsoft cannot guarantee the accuracy of any information presented after the date of publication.

Access to Education as a Service Content

The enrollment code that Microsoft provides to you (or to your End Users on your behalf) are the subscription credentials (" Subscription Credentials ") needed to access or use the Services. These Subscription Credentials are confidential. A Subscription Credential and an email address must be provided for each individual to access the Services for the first time. Customer may authorize its End Users to use the Services to the extent Customer has an active, valid subscription for the Services for each End User. In order for an End User to access the Services for the first time, Customer must provide its End User with a link to or Subscription Credential for the Services. These Subscription Credentials are confidential and Company will instruct its End Users as to same.

Subscription Credentials and Security

You are solely responsible for: (a) keeping your Subscription Credentials confidential, and (b) any and all activities that occur under your subscription. You must promptly notify Microsoft of any unauthorized use of your Subscription Credentials or your account used to access the Services. Microsoft will not be liable for any loss that you incur if someone else uses your Subscription Credentials or your account to access the Services, either with or without your knowledge. However, you could be held liable for losses incurred by Microsoft or another party if someone else uses your Subscription Credentials or account. Customer is solely responsible for: (a) ensuring its End Users keep confidential their Subscription Credentials, and (b) any and all activities that occur under its End Users' account. Customer will promptly notify Microsoft of any unauthorized use of any of its End Users' Subscription Credentials, accounts or any other breach of security.

Data Sharing Notice

Microsoft may share with Customer the End User usage data of the training packages accessed through Customer's subscription to the Service. To the extent required by applicable law, you will obtain End Users' agreement that you are providing them with use of the Service in conjunction with your subscription and that by agreeing to share their usage data in the Service, End Users are allowing their employer/academic institution to view reports on their progress and activity using these training materials. You will also ensure your End Users agree that if they obtain access to the Services through your subscription, you have additional rights over their account, like the ability to view their account usage or profile data and suspend or cancel their access to the Services.

NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE.

RAP as a Service Software

If you use or receive software from us as part of the Service ("Software"), its use is governed by one of two terms (the "License Agreement"): If you're presented with a license for the Software, the terms of that license apply; if no license is presented to you, the terms of this contract apply. Microsoft reserves all other rights to the Software not expressly granted by Microsoft under the License Agreement, whether by implication, estoppel or otherwise.

We grant you the right to install and use up to 5 copies of the Software on your devices on your premises as part of your use of the Services, but only if you comply with all terms in the applicable License Agreement and these TOU.

We may automatically check your version of the Software. We may also automatically download updates to the Software from time to time. You agree to accept such updates subject to these terms unless other terms accompany the updates. If so, those other terms apply. Microsoft isn't obligated to make any updates available and doesn't guarantee that we will support the version of the system for which you licensed the Software.

Software that is made available to download from the Services is the copyrighted work of Microsoft and/or its suppliers. Use of the Software is governed by the License Agreement, if any, which accompanies or is included with the Software. An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.

The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, MICROSOFT CORPORATION HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

FOR YOUR CONVENIENCE, MICROSOFT MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. MICROSOFT DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN MICROSOFT SOFTWARE PRODUCTS.

RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from the Services for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399.

NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE.

Permission to use documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any documents are made. Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Documents specified above do not include the design or layout of the Microsoft.com Web site or any other Microsoft owned, operated, licensed or controlled site. Elements of Microsoft Web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Microsoft Web site may be copied or retransmitted unless expressly permitted by Microsoft.

MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

NOTICES REGARDING SOFTWARE, DOCUMENTS, TRAINING PACKAGES AND SERVICES AVAILABLE ON THIS WEB SITE.

IN NO EVENT SHALL MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, TRAINING PACKAGES, AND THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.

MEMBER SUBSCRIPTION, TERMINATION, AND SECURITY.

To subscribe to the Services, you must register as a user of the Services which involves accepting all terms of use, and providing your first name, last name and contact email. Your subscription is effective for 12 months from the start of your subscription. Your subscription starts either when you begin activity within it or you receive confirmation of its availability. After the end of your subscription period, you may subscribe for another 12 months by submitting a new request.

To access the Services, you will need to have and maintain a valid Microsoft Premier Support Services contract associated to your subscription. If you do not maintain both your subscription for the services and your Premier Support Services contract, you will not be able to access the services.

You may terminate your subscription at any time and for any reason. You can do this by contacting support via https://ppas.uservoice.com or via your Microsoft Technical Account Manager. If your subscription is canceled or terminated, your access to the Services and your right to use the Services stops immediately and your license to use the Software ends. You must then uninstall the Software, or, alternatively, we may disable it. If your Services are canceled or terminated, we may permanently delete your content or data from our servers (if any) and we have no obligation to return content or data to you.

You are entirely responsible for maintaining the confidentiality of your subscription password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Microsoft immediately of any unauthorized use of your account or any other breach of security. Microsoft will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Microsoft or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

NO UNLAWFUL OR PROHIBITED USE.

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Microsoft server, or the network(s) connected to any Microsoft server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Microsoft server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

MATERIALS PROVIDED TO MICROSOFT OR POSTED AT ANY MICROSOFT WEB SITE.

Microsoft does not claim ownership of the materials you provide to Microsoft (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Microsoft, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Microsoft Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.

No compensation will be paid with respect to the use of your Submission, as provided herein. Microsoft is under no obligation to post or use any Submission you may provide and Microsoft may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

LINKS TO THIRD PARTY SITES.

THE LINKS IN THIS AREA WILL LET YOU LEAVE MICROSOFT'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF MICROSOFT AND MICROSOFT IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. MICROSOFT IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. MICROSOFT IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY MICROSOFT OF THE SITE.

UNSOLICITED IDEA SUBMISSION POLICY.

MICROSOFT OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN MICROSOFT'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO MICROSOFT. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO MICROSOFT OR ANYONE AT MICROSOFT. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT MICROSOFT MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.