Third Party Terms

Third Party Terms

Last Updated: August 18, 2022

These Third Party Terms apply to the Third Party Products identified below that OVHcloud makes available to You in connection with the OVHcloud Services. Third Party Products include all non-OVHcloud branded products and services, including, without limitation, third-party data, services, content, software, and applications, whether or not such products or services are made available by OVHcloud on a standalone basis, as an add-on component or embedded in the OVHcloud Services. These Third Party Terms are incorporated by reference into the Terms of Service located here (the "Terms of Service"). Any capitalized terms used but not defined in these Third Party Terms will have the meanings given to them in the Terms of Service. Some Third Party Products made available by OVHcloud are subject to separate terms that may be separately presented to you by OVHcloud, including when you are making a purchase on OVHcloud’s website. Such terms are hereby incorporated by reference.

By purchasing, downloading, or using any of the Third Party Products, you agree to be bound by the applicable terms for that Third Party Product. If you do not agree to be bound by any of the applicable terms for any Third Party Product, then you must not use that Third Party Product.

Certain Third Party Products resold by OVHcloud are provided by the following licensors, under such licensors' own end-user license agreements. Please see the relevant links below. Before you use any of these offerings, please review the applicable end-user license agreement.

If you license a Veeam product or service, You must agree to the terms located at the following website.

If you license a Zerto product or service, You must agree to the terms located at the following website. You also agree to adhere to the applicable Zerto guidelines available here.

If you use any OVHcloud Service that is enabled by a VMware product or service, You must agree to the applicable terms located at the following website.

If you license a Microsoft product or service, You must agree to the terms set forth in Appendix A attached hereto.

In connection with the OVHcloud Connect Service, you may work with the third-party provider, Equinix. If you use any third-party provider in connection with the OVHcloud Connect Service, you are held to any such third-party provider's Terms of Service, Privacy Policy, and other terms.

 

APPENDIX A

 

TERMS AND CONDITIONS REGARDING THE USE OF MICROSOFT SOFTWARE

 

This document governs the use of Microsoft software, which may include associated software, media, printed materials, and "online" or electronic documentation (individually and collectively, "Products") provided by OVHcloud. OVHcloud does not own the Products and the use thereof is subject to certain rights and limitations of which OVHcloud must inform you. Your right to use the Products is subject to the terms of your agreement with OVHcloud, and to your understanding of, compliance with, and consent to the following terms and conditions, which OVHcloud does not have authority to vary, alter, or amend.

  1. DEFINITIONS.

    "Client Software" means software that is installed on a Device that allows the Device to access or utilize the Products.

    "Device" means each of a computer, workstation, terminal, handheld PC, pager, telephone, personal digital assistant, "smart phone", server or any other hardware where software can be installed that would allow the End User to interact with the Product.

    "End User" means an individual or legal entity that obtains Software Services directly from OVHcloud, or indirectly through a Software Services Reseller.

    "Redistribution Software" means the software described in Paragraph 4 ("Use of Redistribution Software") below.

    "Software Services" means services that OVHcloud provides to you that make available, display, run, access, or otherwise interact, directly or indirectly, with the Products. OVHcloud must provide these services from the data center(s) through the Internet, a telephone network, or a private network, on a rental, subscription, or services basis, whether or not OVHcloud receives a fee. Software Services exclude any services involving the installation of a Product directly on any End User device to permit an End User to interact with the Product.

  2. OWNERSHIP OF PRODUCTS. The Products are licensed to OVHcloud from an affiliate of the Microsoft Corporation (collectively "Microsoft"). Microsoft Products are protected by copyright and other intellectual property rights. Products and other Product elements including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Products are owned by Microsoft or its suppliers. You may not remove, modify or obscure any copyright trademark or other proprietary rights notices that are contained in or on the Products. The Products are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Your possession, access, or use of the Products does not transfer any ownership of the Products or any intellectual property rights to you.
  3. USE OF CLIENT SOFTWARE. You may use the Client Software installed on your Devices only in accordance with your agreement with OVHcloud and the terms under this document, and only in connection with the Software Services, provided to you by OVHcloud. The terms of this document permanently and irrevocably supersede the terms of any Microsoft End User License Agreement that may be presented in electronic form during the installation and/or use of the Client Software.
  4. USE OF REDISTRIBUTION SOFTWARE. In connection with the Software Services provided to you by OVHcloud, you may have access to certain "sample", "redistributable" and/or software development software code and tools (individually and collectively "Redistribution Software"). You may use, copy and/or install the Redistribution Software only in accordance with the terms of your agreement with OVHcloud and this document and/or your agreement with OVHcloud.
  5. COPIES. You may not make any copies of the Products; provided, however, that you may (a) make one copy of Client Software on your Device as expressly authorized by OVHcloud; and (b) you may make copies of certain Redistribution Software in accordance with Paragraph 4 (Use of Redistribution Software). You must erase or destroy all such Client Software and/or Redistribution Software upon termination or cancellation of your agreement with OVHcloud, upon notice from OVHcloud, or upon transfer of your Device to another person or entity, whichever occurs first. You may not copy any printed materials accompanying the Products.
  6. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Products, except and only to the extent that applicable law, notwithstanding this limitation, expressly permits such activity.
  7. NO RENTAL. You may not rent, lease, lend, pledge, or directly or indirectly transfer or distribute the Products to any third party, and may not permit any third party to have access to and/or use the functionality of the Products except for the sole purpose of accessing the functionality of the Products in the form of Software Services in accordance with the terms of this agreement and any agreement between you and OVHcloud.
  8. TERMINATION. Without prejudice to any other rights, OVHcloud may terminate your rights to use the Products if you fail to comply with these terms and conditions. In the event of termination or cancellation of your agreement with OVHcloud or OVHcloud's agreement with Microsoft under which the Products are licensed, you must stop using and/or accessing the Products, and destroy all copies of the Products and all of their component parts within thirty (30) days of the termination of your agreement with OVHcloud.
  9. NO WARRANTIES, LIABILITIES OR REMEDIES BY MICROSOFT. Microsoft disclaims, to the extent permitted by applicable law, all warranties and liability for damages by Microsoft or its suppliers for any damages and remedies whether direct, indirect, or consequential, arising from the Software Services. Any warranties and liabilities are provided solely by OVHcloud and not by Microsoft, its affiliates, or subsidiaries.
  10. PRODUCT SUPPORT. Any support for the Software Services is provided to you by OVHcloud or a third party on OVHcloud’s behalf and is not provided by Microsoft, its suppliers, affiliates, or subsidiaries.
  11. NOT FAULT TOLERANT. The Products are not fault-tolerant and are not guaranteed to be error-free or to operate uninterrupted. You must not use the Products in any application or situation where the Product(s) failure could lead to death or serious bodily injury of any person, or to severe physical or environmental damage ("High Risk Use").
  12. EXPORT RESTRICTIONS. The Products are subject to U.S. export jurisdiction. OVHcloud must comply with all applicable laws including the U.S. Export Administration Regulations, and the International Traffic in Arms Regulations, as well as end-user, end-use, and destination restrictions issued by the U.S. and other governments. For additional information, click here/.
  13. LIABILITY FOR BREACH. In addition to any liability you may have to OVHcloud, you agree that you will also be legally responsible directly to Microsoft for any breach of these terms and conditions.
  14. INFORMATION DISCLOSURE. You must permit OVHcloud to disclose any information requested by Microsoft under OVHcloud's Agreement. Microsoft will be an intended third party beneficiary of your agreement.