SUPPLEMENTAL TERMS FOR MICROSOFT DYNAMICS CUSTOMER VOICE TRIAL
These terms supplement the applicable terms of your applicable volume licensing agreement (e.g., the Microsoft Online Subscription Agreement)(the “Agreement”) and any terms referenced therein that govern your use of the Trial Service. These Supplemental Terms for Microsoft Dynamics Customer Voice Trial (“the Supplemental Terms”), apply to the trial of the commercially-available version of Microsoft Dynamics Customer Voice (the “Trial Service”).
All terms used but not defined will have the same meanings as in the Agreement.
Trial Period. There may be unlimited trials of the Trial Service at any given time for your organization (each, a “Trial Instance”), and each such Trial Instance will remain accessible for a 30-day period beginning on the date when the first user of a given Trial Instance is first given access to it (“Trial Instance Effective Date”) until the date that is 30 days after such date (each, a “Trial Period”). Any given user in your organization who wants to gain access to this Trial Service may either create a new Trial Instance, in which case the Trial Period applicable to that user is 30 days, or that user may join any of the then-existing Trial Instances for your organization, in which case the Trial Period applicable to that user is the remainder of the Trial Period for that Trial Instance. When the Trial Period for any given Trial Instance expires, that Trial Instance may be made available to you to export data in accordance with Section 5 below, after which that Trial Instance will be deleted, and you may create a new Trial Instance in its place.
Termination. Without limiting the generality of any applicable terms in the Agreement, Microsoft may terminate your access to this Trial Service through a given Trial Instance at any time if you fail to access and actively use this Trial Service through such Trial Instance for any period of 7 consecutive days (and Microsoft may terminate your access to this Trial Service through all Trial Instances at any time if you fail to access and actively use this Trial Service through all such Trial Instances for any period of 7 consecutive days).
Administrator. Notwithstanding anything to the contrary in the Agreement, as applicable to this Trial Service and solely to the extent there is not already an administrator associated with your organization, the administrator is deemed to be the first user in your organization who creates a Trial Instance, subject to later change by anyone authorized to act on behalf of that organization who demonstrates administrative control over the domain associated with the email for that organization sufficient to manage the domain records.
Privacy. Notwithstanding anything to the contrary in the Agreement, you acknowledge (and will inform all users in your domain) that: (A) the administrator will control all Trial Instances within your domain and will manage and have access to all Customer Data within all such Trial Instances; (B) all users in your domain, when reviewing existing Trial Instances such user may want to join, will have access to certain Customer Data for each such Trial Instance (including the existence of such Trial Instance, the identity and certain personal information of all then-current users participating in such Trial Instance, and the name chosen for each Trial Instance); and (C) all users in your domain participating in a given Trial Instance will have access to all Customer Data input into that Trial Instance, without regard to which user input such Customer Data.
Exporting Customer Data. If you have included “live” or production Customer Data in any Trial Instance of this Trial Service, and you elect not to purchase a subscription to Microsoft Dynamics Customer Voice before expiration of the Trial Period for that Trial Instance: (A) Microsoft has no obligation to return Customer Data to you; (B) Microsoft will retain such Customer Data for 90 days after the expiration of the applicable Trial Period for that Trial Instance; and (C) Microsoft will make commercially reasonable efforts to work with you to export such Customer Data. Microsoft will solely own any enhancements or improvements to the Trial Service arising from access to and use of Customer Data. Microsoft may also use information derived from Customer Data if such use does not include Customer Data and no Customer Data can be reverse engineered from such use.
Compliance with Applicable Laws and Acceptable Use Policy. You shall, as a condition of using the Trial Service, comply with all applicable laws and regulations governing your use of the Microsoft Dynamics Customer Voice service, and comply with Microsoft’s Acceptable Use Policy. Microsoft bears no responsibility for your failure to comply with any such applicable laws or regulations.
Defense of Claims & Damages. You agree that you and/or your organization will defend Microsoft against all third party claims arising out of, or in connection with, (A) your use of the Trial Service in a manner that is prohibited by these Supplemental Terms, and/or, (B) any privacy violation alleged to have been committed or spam sent by you through your use of the Trial Service. You agree that Microsoft has the right to seek and recover all damages caused by you through your use the Trial Service for unlawful purposes, in an unlawful manner, or in a manner that violates Microsoft’s acceptable use, and/or anti-spam policies. The terms of this section shall survive the expiration or termination of your relationship with Microsoft. For the avoidance of doubt, any damages arising from the obligations imposed on you by these Supplemental Terms are not subject any exclusion or cap on your liability that may be included in the Agreement.