Test Base for Microsoft 365

The agreement that Customer has entered into with Microsoft for use of Azure services, including the Product Terms (the “Agreement”), applies to Customer’s use of Test Base for Microsoft 365. Additionally, the terms in this document (the “Service-Specific Terms”) apply to Test Base for Microsoft 365 and these terms control over any conflicting provisions in the Agreement.

For the purposes of these Service-Specific Terms, “Services” means Test Base for Microsoft 365, “Provided Technology” means the technology provided by Customer to Microsoft through the Services, and “Testing” means installing, accessing, or using the Provided Technology to evaluate its compatibility and performance with Microsoft hardware, software products and services. Testing may include compatibility testing, smoke testing, API analysis, functional testing, regression testing, performance testing, black box testing, or failure analysis (which involves the use of process monitoring and kernel debugging tools to determine the root cause of issues). Testing may also include the collection of data, including but not be limited to, diagnostic, analytical, security, basic health and quality, app insights and Windows reliability and Performance Monitor (“perfmon”) data.

Privacy Notice

Microsoft will handle Provided Technology and data resulting from Testing in accordance with the Microsoft Privacy Statement at aka.ms/privacy. Please note that the Data Protection Addendum terms do not apply.

No Personal Data Processing Required for Testing

Test Base for Microsoft 365 does not require any personal data to perform the Testing. Customers shall not provide any personal data to Microsoft in connection with the Test Base process (for example, when uploading the application package binaries.)

Personal Data used for Communication

If Customers choose to, they may enter an email address that will be used to notify them of newly generated Test Base test results. Customer data will be deleted by Test Base no later than 30 days after the Customer account is terminated.

License grant to Microsoft

Customer grants to Microsoft a nonexclusive, nontransferable, limited, royalty-free license during the Term: (1) to use the Provided Technology for evaluation and Testing in the Services; and (2) to reproduce a reasonable number of copies of the Provided Technology for back-up purposes.

The license granted in these Service-Specific Terms will control if it conflicts with any license terms that accompany the Provided Technology.

The license in these Service-Specific Terms does not grant Microsoft any development, marketing, or distribution rights to the Provided Technology, nor does it grant Microsoft a license to any intellectual property of Customer or any third party, other than the express license to Provided Technology set forth above.

Microsoft will not modify, decompile, disassemble or otherwise reverse engineer the Provided Technology except as authorized by this agreement. Microsoft will not remove any proprietary marks or confidentiality notices that appear on the Provided Technology as provided to Microsoft.

Testing and Remediating Issues

Testing. Customer will provide the Provided Technology to Microsoft for Testing without cost or expense to Microsoft. Microsoft, in its sole discretion, may conduct Testing on the Provided Technology through the Services. Upon completion of Testing, Microsoft will share the test results with Customer, including applicable log files if Testing reveals application compatibility or performance issues with the Provided Technology.

Use of Test Results. Either Microsoft or Customer may use the test results to fix issues and/or improve its hardware, software products, and services without restriction of any kind.

Remediating Issues. In the event the Testing identifies application compatibility or performance issues, the parties may discuss a remediation plan to address those issues. Neither party is responsible for interacting with the other party’s customers or end users regarding remediation of issues that are identified as a result of Testing. Customer will not make any representations to end users or others regarding Testing results or suggesting that Microsoft endorses the Provided Technology (unless the parties have expressly agreed otherwise in a separate agreement).

Provided Technology Warranties

Customer continuously represents and warrants that Provided Technology it provides to Microsoft through the Services will not: (1) to the best of Customer’s knowledge, infringe any third-party patent, copyright, trademark, trade secret, or other proprietary right, or (2) exfiltrate any Microsoft technology or information from the Services.

Customer will indemnify, defend, and hold Microsoft and its affiliates, successors, officers, directors and employees harmless from any and all third party claims (including attorneys' fees) arising out of or related to a breach of these warranties.