Microsoft SharePoint Embedded (“SharePoint Embedded”) Paid Public Preview Terms and Conditions

Article
11/28/2023

“Company” means the Enterprise customer that uses these Preview Features.

By using Microsoft SharePoint Embedded, you accept these Terms and Conditions and all rights and obligations within. If you do not agree to these Terms and Conditions, DO NOT use SharePoint Embedded. These Terms and Conditions govern the use of the Microsoft Offering as described below.

“Feedback” is all suggestions, comments, feedback, ideas, or know how, in any form, that Customer provides to Microsoft. It does not include sales forecasts, financial results, future release scheduled, marketing plans and high-level product plans or feature lists for anticipated products.

MICROSOFT OFFERING: The goal of the Paid SharePoint Embedded Product preview (“Feature Preview”) is to gain insight into a way to provide third party partners and customers a more efficient, performant, secure, reliable, and cost-effective ability to fulfill product requirements for document repository through integration and consumption of an enterprise-grade, compliant document repository service to meet their business needs, by providing native compatibility with and alignment to the privacy and security offerings of M365 including the ability to utilize the native M365 experiences with these documents stored in SharePoint Embedded. SharePoint Embedded creates and manages storage containers where an app can store files and documents as part of their app.

FEATURE PREVIEW: Company agrees that Microsoft may enable the Feature Preview upon acceptance and receipt of Company’s acceptance of these terms. To terminate this agreement during the Preview Period, Company must contact Microsoft at: SharePointEmbedded@microsoft.com. Microsoft may change or discontinue the Feature Preview at any time with or without notice. Microsoft may also choose not to make the Feature Preview generally commercially available.

Microsoft will enable SharePoint Embedded that allows developers to:

Create a free trial SharePoint Embedded containers to quickly get hands on with feature and explore its capabilities. These free trial containers are not intended to store durable data and are automatically deleted in 30 days. Setup billing using an Azure subscription which allows developers to build durable applications. These storage containers will be charged as per the pricing schedule below. Prerequisite Requirements to enable SharePoint Embedded pay-as-you-go are:

An Azure subscription with admin access as owner or contributor on the subscription
A Microsoft 365 tenancy with either M365 admin access or SharePoint Online admin access
An Azure resource group linked to the subscription

No SLA applies to this Feature Preview.

THE FEATURE PREVIEW IS PROVIDED “AS-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” Microsoft provides no performance guarantee for the Feature Preview (including accompanying URLs provided for embedded or unauthenticated viewing) and Company bears the risk of using it. The Feature Preview is not included in the SLA for Microsoft Syntex and may not be covered by customer support.

LICENSE

If Company provides input, including feedback, Company grants to Microsoft, without charge, the non-exclusive License to make, modify, distribute, or otherwise commercialize the Input as part of any Microsoft offering.

Company retains all right, title and interest in and to the input. The above license does not extend to any technologies that may also be necessary to make or use any offering or portion thereof that incorporates the input but are not themselves expressly part of the Input (e.g., enabling technologies).

PAYMENT TERMS

SharePoint Embedded uses pay-as-you-go (PAYG) billing through an Azure subscription. Billing is determined by how much data in GB you store in SharePoint Embedded, transactions used to modify and data that is egressed while using application built on SharePoint Embedded. Company will be able to view this usage as meter events through the Azure subscription it chooses.

SharePoint Embedded Feature Preview pricing is as follows:

SharePoint Embedded Service Meters	Meter Unit	Price
Storage	$/GB/Day	$0.00667
Graph API Transactions	$/1 API call	$0.00050
Express Egress	$/GB	$0.12

TERMINATION FOR NON-PAYMENT

In case the Company’s Azure subscription goes into an unhealthy stage of deleted, cancelled or suspended, we will prevent creation of containers and container types in SharePoint Embedded until the subscription is back to a healthy state. Company will have 30 days to restore the subscription to an active state. If no action is taken by the Company to bring the subscription back to active state in 30 days, we will delete the data from systems after these 30 days. Upon reactivation, Company must also pay for SharePoint Embedded usage for the days the subscription was in an unhealthy state.

INFORMATION USE AND DISCLOSURE

With respect to the SharePoint Embedded, Microsoft may access or disclose information about Company, its account, and the content of its communications in order to:

provide, operate, and improve Microsoft services;
comply with the law or respond to lawful requests or legal process; or
protect the rights or property of Microsoft or our customers, including the enforcement of Microsoft’s agreements or policies governing the use of the SharePoint Embedded services.

LENGTH OF OBLIGATIONS; DISCLOSURE

Preview Period. The Preview Period continues in effect until April 30, 2024, or 30 days after Commercial General Availability of the Preview Feature, whichever is first. Company may terminate their use of the Preview Feature at any time. Terminating use of the Preview Feature will not change any of the rights, licenses granted, or duties made while the Preview Period is in effect. Termination is defined as:

the Company’s termination of use of the Preview Feature and/or
the Preview Period ends.

Effects upon Termination by Company. Once terminated by Company, Company will no longer have access to SharePoint Embedded APIs and any SharePoint Embedded containers created as part of preview will be automatically deprovisioned by Microsoft and Company will no longer have access to it. Company is responsible for any data migration out of their SharePoint Embedded containers before termination of this Agreement.

This Agreement cannot be extended. Microsoft may also choose not to make the Microsoft Offering generally commercially available.

REPRESENTATIONS AND LIMITATIONS

Feedback. Company represents that it will not give any Feedback that:

Violates any copyright or trade secret claim or right of any third party;
It has reason to believe violates any patent claim or right of any third party; or
Is subject to an excluded license.

Authority. Company represents it has all rights and authority necessary to sign this Agreement and grant the rights in it for itself and its affiliates.

Limitations. All information, materials and input are provided “as-is” and Microsoft bears the risk of using them; Company gives no express warranties, guarantees or conditions as to its Input; and to the extent permitted under local law, Company excludes the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to its Input.

LIMITATIONS ON AND EXCLUSIONS OF REMEDIES AND DAMAGES

Except as described herein, the only remedy either of us has for claims relating to this Agreement is to terminate it. Neither of us can recover any damages, including direct, consequential, lost profits, special, punitive, indirect or incidental damages from the other. This limitation applies:

To claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
Even if one of us knew or should have known about the possibility of the damages.

The limitations in this section does not apply to claims arising from or in connection with any infringement, misuse, or misappropriation by one of us of the other’s intellectual property rights.

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