If you are a covered entity or business associate under the Health Insurance Portability and Accountability Act (HIPAA), the Microsoft HIPAA Business Associate Agreement available at the following website address shall be applicable to in-scope Services provided via Microsoft: https://docs.microsoft.com/en-us/compliance/regulatory/offering-hipaa-hitech
Certain third party Services provided by Microsoft, including The Microsoft 365 Services, are subject to the Third-Party Terms and Conditions provided by Microsoft via a click-through Microsoft Customer Agreement provided to you in connection with use of such Microsoft Service, the current version of which is currently available at https://www.microsoft.com/licensing/docs/customeragreement, which Microsoft Customer Agreement, as may be updated by Microsoft from time to time, must be accepted by you in connection with use and/or continued use (i.e. renewal) of such Microsoft Service.
In connection with third-party Services provided by Microsoft, whereby your data is processed by Microsoft, Microsoft may collect, use, transfer, disclose, and otherwise process your personal data or your other data. Before obtaining personal data from data subjects, you must obtain their legally valid permission or have another valid legal basis to permit the processing and transfer of the personal data by us, Microsoft or Microsoft affiliates, and each of their respective representatives and service providers as contemplated under the Agreement. You shall (i) notify the individual users of the Microsoft Services that their personal data may be processed for purpose of disclosing it to law enforcement or other governmental authorities when required by applicable laws, as determined by us; and (ii) obtain individual users’ consent to the same.
All other third party Services provided via Microsoft, whereby you are provided a license to use Microsoft software (e.g. Microsoft server licenses), are subject to the following Third-Party Terms and Conditions:
Microsoft End User License Terms attached below as Attachment A.
Microsoft Professional Services Data Protection Addendum at: http://microsoftvolumelicensing.com/DocumentSearch.aspx?Mode=3&DocumentTypeId=59
Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM AND EXCLUDE, ON OUR BEHALF AND ON BEHALF OF OUR SUPPLIERS AND SUBCONTRACTORS, ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF TITLE, NON INFRINGEMENT, SATISFACTORY CONDITION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY SERVICES, SERVICE DELIVERABLES, HOTFIXES, PRODUCTS, OR ANY OTHER MATERIALS OR INFORMATION.
Limitation of liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS WORK ORDER, NEITHER PARTY NOR THEIR CONTRACTORS WILL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION, DAMAGES FOR BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION), SPECIAL, OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS OR REVENUES ARISING IN CONNECTION WITH THE AGREEMENT, SERVICES DESCRIPTION, THE ORDER DOCUMENT, ANY STATEMENT OF SERVICES, SERVICES, SERVICE DELIVERABLES, HOTFIXES, PRODUCTS, OR ANY OTHER MATERIALS OR INFORMATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE. IN ANY EVENT, WHATEVER THE LEGAL BASIS FOR YOUR CLAIMS, OUR TOTAL LIABILITY (AND THAT OF OUR SUPPLIERS AND SUBCONTRACTORS) WILL BE LIMITED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TO DIRECT DAMAGES UP TO THE AMOUNT PAID IN THE AGGREGATE FOR THE SERVICES GIVING RISE TO THE CLAIMS.
Limitation of Liability. YOU HEREBY RELEASE ZERTO AND EACH OF ZERTO’S AFFILIATES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES FROM ANY LIABILITY TOWARDS YOU WITH RESPECT TO ANY SUBJECT MATTER OF ITS AGREEMENT WITH RAPIDSCALE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL, CONTRACTUAL OR EQUITABLE THEORY.
Open Source. The Zerto software makes use of free and open source programs, licensed under the license agreement set forth below:
SQL Server Compact: http://www.microsoft.com/web/webpi/eula/sqlce_eula_enu.rtf
PDF Sharp: http://www.pdfsharp.net/PDFsharp_License.ashx
Renci SSH (SSHdotnet): http://sshnet.codeplex.com/license
The links provided above are up to date, as of January 29, 2015. To obtain the source code for the software subject to the terms of the corresponding license agreement (where applicable and available), send a request by email to email@example.com