Supplemental Terms of Use for Microsoft Dynamics 365 Previews

These Supplemental Terms of Use ("Terms") cover use of those Microsoft Dynamics 365 previews that link to or incorporate these Terms.

General terms

Dynamics 365 may include preview, beta, or other pre-release features, services, or software, offered by Microsoft to obtain customer feedback ("Previews"). Previews are made available to you on the condition that you agree to these terms of use, which supplement your agreement governing use of Dynamics 365.

PREVIEWS ARE PROVIDED "AS-IS", "WITH ALL FAULTS", AND "AS AVAILABLE", AND ARE EXCLUDED FROM THE SERVICE LEVEL AGREEMENTS AND LIMITED WARRANTY. Previews may not be covered by customer support. Preview may be subject to reduced or different security, compliance and privacy commitments, as further explained in the Microsoft Privacy Statement, Microsoft Dynamics 365 Trust Center, the Online Services Terms, and any additional notices provided with the Preview. The following terms in the DPA do not apply to Previews: Processing of Personal Data; GDPR, Data Security, and HIPAA Business Associate. Customers should not use Previews to process Personal Data or other data that is subject to heightened compliance requirements. In addition, Customers should not use production data in Previews or use Previews in a 'live operating' or production environment.

Certain named Previews may also be subject to additional terms, if any, set forth below. We may change or discontinue Previews at any time without notice. We also may choose not to release a Preview into "General Availability". In addition, a Preview that is released into General Availability may be subject to a fee even if the Preview was free of charge.

You will provide, as your own expense, the equipment, technology, and infrastructure necessary to participate in the Previews, unless otherwise specified in the applicable Preview program description. In addition, you may use consultants, contractors, advisors, or other third parties to assist with performing the activities or any professional services in connection with the Preview, but only if you have entered into an agreement with any such third party that contains terms at least as protective of Microsoft's rights as those in the agreement governing your use of Dynamics 365. You will bear all costs and expenses associated with engaging a third party to perform any of your activities in the Previews. You may use the Preview only if you have a valid license or subscription to the required Dynamics 365 application. You may not access or use the Previews if you do not have the required license or subscription.

Use Preview in a Production Environment

The "General terms" section applies generally to all Previews that link to these Terms. This section contains terms that apply only if a Preview allows you to use Customer Data or Personal Data (collectively "Data") in a 'live operating' or production environment and is in addition to the General Terms. These "Use Preview in a Production Environment" terms govern if there are any conflicts with the "General Terms" or the "Service-Specific Terms" sections.

Notwithstanding any provision to the contrary in the General Terms, Microsoft hereby grants you permission to use the Preview to access or process Data in a 'live operating' or production environment for Dynamics 365 in connection with participating in the Preview. By accessing or processing Data in a 'live operating' or production environment, you consent to share your Data with external systems outside of the geography where your production environment is deployed.

Service-specific terms

The "General Terms" section applies generally to all Previews that link to these Teams. These service-specific terms are in addition to the "General Terms" and the "Use Preview in a Production Environment" sections. These service-specific terms govern if there are any conflicts with the "General Terms" or the "Use Preview in a Production Environment" sections.

Dynamics 365 Commerce (Preview)

• You must obtain your own patent license(s) from any third party H.265/HEVC patent pools or rights holders before using Azure Media Services to encode or decode H.265/HEVC media. In addition, this Preview may include H.264/AVC, VC-1, MPEG-4 Part 2, and MPEG-2 visual compression technology.
  MPEG LA, L.L.C. which requires this notice: THIS PRODUCT IS LICENSED UNDER THE AVC, THE VC-1, THE MPEG-4 PART 2 AND MPEG-2 VISUAL PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE ABOVE (VIDEO STANDARDS) AND/OR (ii) DECODE AVC, VC-1, MPEG-4 PART 2, AND MPEG-2 VIDOE THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSE TO PROVIDE SUCH VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. REFER TO wwww.mpegla.com. For clarification purposes, this notice does not limit or inhibit the use of the software for normal business uses that are personal to that business which do not include (i) redistribution of the software to third parties, or (ii) creation of content compliant with the VIDEO STANDARDS technologies for distribution to third parties. If there is any inconsistency between the Agreement and these Preview terms of use, then to the extent of such inconsistency, these Preview terms of use will control over the conflicting terms in the Agreement.

• Supplemental Preview Software License terms
  Microsoft will provide you with access to certain software for use in connection with this Preview. Notwithstanding any provision to the contrary in the Microsoft Preview Software License Terms for the Dynamics 365 Commerce Software Development Kit ("SDK License Terms") or the Dynamics 365 Commerce Store Starter Kit ("Store Kit License Terms") (collectively, the "SLTs"), Microsoft hereby grants you permission to use the Software Development Kit and the Store Starter Kit (collectively, the "software") in a 'live operating or production environment for Dynamics 365 Commerce. If you comply with the terms and conditions in the SLTs, you may also (A) use the software to develop and test your websites in a 'live operating' or production environment of Dynamics 365 Commerce; (B) use the software to design and test the websites that you create with the software to conduct e- commerce transactions (i.e., exchange of goods and services by means of the Internet or other computer networks accessible by their parties), including without limitation any shipping, credit card, monetary, or other banking transactions; and (C) deploy the websites that you create with the software for third parties to access over the Internet, but only if you also comply with the following:

  #1 External Production Use You take adequate precautionary measures to backup and protect your data; (ii) you agree to cease such use immediately upon notice from Microsoft; (iii) you include in your website a visible notice to your users that the websites were created with or rely on pre-release, time-sensitive, unsupported software that may not operate correctly; and (iv) you will not make any representations, warranties, or promises on behalf of Microsoft or with respect to the software or its performance.

  #2 Hazardous Environments You may not use the software to develop and test websites for hazardous environments requiring fail-safe controls, including without limitation, the design, construction, maintenance or operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, and life support or weapons systems.