Updated 11/11/2024
These terms are an agreement between you and Microsoft Corporation (or one of its affiliates). As confirmed by your acceptance of the invitation to participate in the Online Experimentation Private Preview, or by accessing any materials provided in connection with this private preview, you agree that (1) you have the authority to agree to these terms on behalf of your organization and (2) your organization agrees to, and is bound by, these terms.
We welcome you to the Online Experimentation Private Preview (“Private Preview”). Your access to this Private Preview will enable you to create, run and analyze online A/B experiments and engage with a GitHub Copilot for Azure extension plugin that assists with experimentation.
We are eager to collaborate with you so that your feedback can help us build the best product. Please note that this Private Preview may not be used in production deployments. Private Preview experimentation is restricted to internal use only. No access to external end users is allowed. You must take adequate security and access measures to ensure such internal-only use. Violation will result in your immediate removal from the Private Preview and removal from consideration of future preview opportunities.
This Private Preview is subject to the Microsoft volume licensing agreement (“VLA”) applicable to your use of Microsoft online services, including applicable Product Terms (available at https://www.microsoft.com/licensing/terms) (“License Terms”). Any capitalized terms not otherwise defined in these Private Preview Terms will have the meaning given to them in your VLA. In the event of any conflict between these Private Preview Terms and the VLA, these terms will control.
Participants of this Private Preview are expected to foster a collaborative partnership with the Azure ExP product team (“Product Team”). Product Team leaders, engineers, and customer excellence representatives will be actively involved to help capture feedback, resolve bugs, and solve issues.
During the private preview we will collect feedback using a general participant survey followed by a kick-off meeting to introduce the private preview. Once you have access to the private preview, we will schedule a follow-up meeting and send an additional survey to collect detailed private preview feedback.
You are expected to maintain frequent communication with the Product Team. Failure to participate and provide feedback will result in removal from this Private Preview and may impact consideration of your future preview opportunities.
Please remember that this Private Preview is a new and innovative technology and results are not guaranteed. Your oversight and review are crucial. Review the documentation and transparency content provided for this private preview. It is ultimately you who are accountable for the results of your use of this Private Preview.
We want this Private Preview functionality to delight and assist you. Accordingly, if the Private Preview generates unintended results, or results that do not meet your expectations, immediately inform Microsoft (via the product manager you are working with or other mechanism specified by Microsoft).
Being a Private Preview means it is made available to you before general availability so you can test and evaluate it and provide feedback to Microsoft. Previews may have restricted functionality and may employ reduced or different privacy, security, or compliance commitments than a commercial version. This Private Preview feature is provided “as-is,” “with all faults,” “as available,” and without warranty, support, or service level agreements. You may be required to update your Private Preview resource during or at the end of the Private Preview period.
You are solely responsible for determining the appropriateness of using the Private Preview and you assume all risks associated with using it, including but not limited to risks and costs of program errors, compliance with applicable laws, damage to or loss of your data, programs or equipment, and unavailability or interruption of operations.
You must not rely on the Private Preview to make business critical decisions and to cross-check any output responses by referencing the source data and telemetry that was used to generate the experiment results.
Service Limits. This Private Preview is subject to the service limits described in the costs and billing section of the user documentation, and is not covered by any service level agreement. Limited use of the Private Preview is provided free of charge, but you are responsible for any additional Azure service costs beyond any free tier usage for any Azure services that are required for the Private Preview (e.g., Azure App Configuration, Azure Monitor).
Feedback. In exchange for access to this Private Preview, you will give us suggestions, comments, input, ideas, or know-how, in any form, ("Feedback") about the Private Preview or other Microsoft products or services. However, you will not provide us Feedback containing Personal Data or other data that is subject to legal or regulatory compliance requirements. You give to Microsoft, without charge, the right to use, share, and freely commercialize Feedback in any way and for any purpose. You also give third parties, without charge, the right to use, or interface with, any Microsoft products or services that include the Feedback. You represent and warrant that you own or otherwise control all rights to such Feedback and that no such Feedback is subject to any third-party rights.
Confidentiality. Except for information that Microsoft has disclosed publicly, all information you receive about the Private Preview or other Microsoft products or services through participation in this Private Preview program is Confidential Information (defined below). All Confidential Information shared between you and Microsoft is subject to the non-disclosure agreement between us or, in the absence of one, the confidentiality terms below:
"Confidential Information" means non-public information, know-how, or trade secrets in any form that are designated confidential or that a reasonable person knows or reasonably should know to be confidential. Confidential Information does not include any information, however designated, that: (i) is or becomes publicly available without a breach of the confidentiality terms herein; (ii) was lawfully known to the receiver of the information without an obligation to keep it confidential; (iii) is received from another source who can disclose it lawfully and without an obligation to keep it confidential; (iv) is independently developed; or (v) is Feedback.
Neither you nor Microsoft will disclose the other's Confidential Information to a third party for five years. Each party will (a) use such information only for the purposes of this business relationship, and (b) take reasonable steps to protect the other's Confidential Information.
Each party may disclose the other's Confidential Information to its affiliates, employees, and contractors only on a need-to-know basis, subject to the confidentiality provisions herein.
Confidential Information may also be disclosed by either party as necessary to comply with a judicial or other governmental order, but the party making such disclosure must (a) first give the other party reasonable notice of such disclosure to allow for a reasonable opportunity to seek a protective order or equivalent, or (b) obtain written assurance from the applicable judicial or governmental entity that it will afford the Confidential Information the highest level of protection available under applicable law, or otherwise as may be required by law.
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