SUPPLEMENTAL TERMS FOR TRIAL SERVICES
Updated: December 2022
These terms supplement the applicable terms of the Microsoft Online Subscription Agreement (https://go.microsoft.com/fwlink/?linkid=2131104) (the “Agreement”) and any terms referenced therein that govern your use of the Trial Service including the Product Terms (https://go.microsoft.com/fwlink/?linkid=2173816) and DPA (https://go.microsoft.com/fwlink/?linkid=2153219). For the purposes of these Supplemental Terms for Trial Services (“the Supplemental Terms”), any trial of a commercially-available Online Service that links to these Supplemental Terms will be referred to as a “Trial Service”.
All terms used but not defined will have the same meanings as in the Agreement. Any additional legal terms that apply to your use of a specific Trial Service (“Specific Terms”) are set forth below. If a Trial Service links to these Supplemental Terms but it is not listed below, then that Trial Service does not have any Specific Terms.
For the avoidance of doubt, different Specific Terms may be applicable to you or your personnel at different times, and multiple Specific Terms may be applicable at one time, all depending on which trial periods are in effect for which Trial Services at any given time.
Content in this supplement
Microsoft Dynamics 365 Business Central
Microsoft Dynamics 365 Finance, and Microsoft Dynamics 365 Supply Chain Management
Microsoft Dynamics 365 Commerce
Microsoft Dynamics 365 Human Resources
Microsoft Dynamics 365 Project Operations
1. Additional Terms for Communication Services Previews. Your use of Dynamics 365 preview, beta, or other pre-release features or services for voice and text communications (to the extent these features are available in your country/region) is subject to the following supplemental terms: https://go.microsoft.com/fwlink/?linkid=2087259.
2. Trial Period. Except for Dynamics 365 for Marketing, which only allows one trial per customer organization, there may be up to five concurrent 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 (if one is then available, subject to the foregoing limit on concurrent Trial Instances), 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 30-day period that began on the Trial Instance Effective Date 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 (subject to the foregoing limit on concurrent Trial Instances).
Notwithstanding the foregoing, Dynamics 365 Customer Service Insights allows unlimited trials per customer organization.
3. 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).
4. 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.
5. 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.
6. 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 the Microsoft Dynamics 365 for Sales, Customer Service, Customer Service Insights, Field Service, Marketing, or Project Service Automation service 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 at least 7 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.
7. Compliance with Applicable Laws. You shall, as a condition of using the “Dynamics 365 for Marketing” online service, comply with all applicable laws and regulations governing your dissemination of any promotional materials through your use of the “Dynamics 365 for Marketing” online service. Microsoft bears no responsibility for your failure to comply with any such applicable laws or regulations.
8. 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 damges 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 Specific Terms are not subject any exclusion or cap on your liability that may be included in the Agreement.
1. Trial Period. You may use this Trial Service from the date when you are first given access to it: (A) solely with demonstration data provided by Microsoft, for a period of 6 months until the Agreement or your right to access this Trial Service expires or is terminated; and (B) with “live” or production Customer Data, for 30 days after you first use this Trial Service with such Customer Data. The foregoing periods are, collectively, the “Trial Period”. If the Trial Period in the foregoing clause (B) expires and you have not entered into a commercial subscription agreement for the Microsoft Dynamics 365 Business Central service with a third-party Microsoft cloud service provider that will offer and support such commercial version, then you must immediately stop using the Trial Service (or any successor service) with such “live” or production Customer Data.
2. Exporting Customer Data. If you have included “live” or production Customer Data in this Trial Service, and you elect not to purchase a subscription to the Microsoft Dynamics 365 Business Central service before the expiration of the Trial Period for this Trial Service: (A) Microsoft has no obligation to return Customer Data to you; (B) Microsoft will retain such Customer Data for at least 90 days after the expiration of the Trial Period; and (C) Microsoft will make commercially reasonable efforts to work with you to export such Customer Data.
3. Termination. If you use this Trial Service with demonstration data, Microsoft may terminate your access to this Trial Service at any time if you fail to access and actively use this Trial Service for any period of 30 consecutive days.
1. Trial Period. Subject to Section 2, you may use this Trial Service for a period of 30 days from the date when you are first given access to it, solely with demonstration data provided by Microsoft or you through your use of this Trial Service, until the Agreement or your right to access this Trial Service expires or is terminated.
2. Termination. Microsoft may terminate your access to this Trial Service at any time if you fail to access and actively use this Trial Service for any period of 7 consecutive days.
1. Trial Period. Subject to Section 2, you may use this Trial Service for a period of 30 days from the date when you are first given access to it, solely with demonstration data provided by Microsoft or you through your use of this Trial Service, until the Agreement or your right to access this Trial Service expires or is terminated.
2. Termination. Microsoft may terminate your access to this Trial Service at any time if you fail to access and actively use this Trial Service for any period of 7 consecutive days.
1. Trial Period. You may use this Trial Service for a period of 60 days from the date when you are first given access to it, solely with demonstration data provided by Microsoft or you through your use of this Trial Service, until the Agreement or your right to access this Trial Service expires or is terminated.
2. Termination. Microsoft may terminate your access to this Trial Service at any time if you fail to access and actively use this Trial Service for any period of 7 consecutive days.
1. Trial Period. Your organization may use an instance of this Trial Service (“Trial Instance”) for 30 days beginning on the date when the first user is given access to it (“Trial Period”) solely for testing and demonstration purposes. You may renew the Trial Instance one time only for 30 days under this Agreement. When the Trial Period expires, that Trial Instance may not be made available to you to export data, and it will be deleted. You may not create another Trial Instance after the end of (i) the Trial Period, or (ii) the Trial Instance renewal.
2. Administrator. Notwithstanding anything to the contrary in the Agreement, the administrator is deemed to be the first and only authorized user in your organization who creates or renews a Trial Instance.
1. Trial Period. Subject to Section 2, you may use up to five concurrent 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 60-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 60 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 (if one is then available, subject to the foregoing limit on concurrent Trial Instances), in which case the Trial Period applicable to that user is 60 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 60-day period that began on the Trial Instance Effective Date for that Trial Instance. When the Trial Period for any given Trial Instance expires, that Trial Instance will be deleted, and you may create a new Trial Instance in its place (subject to the foregoing limit on concurrent Trial Instances).
2. 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).
3. 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 the Microsoft Dynamics 365 Guides before expiration of the Trial Period for that Trial Instance: (A) Microsoft has no obligation to return Customer Data to you; and (B) Microsoft will delete Customer Data after the expiration or termination of the applicable Trial Period for that Trial Instance.