Third-party terms

Versione

v1.2025

Ultimo aggiornamento

April 28, 2025

CloudFire provides the User with the ability to use certain Third-Party Products in connection with the Services. Some of these Third-Party Products require acceptance of certain corresponding legal terms and conditions as a condition of using the applicable Third-Party Products.

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These Third Party Terms identify the Third Party Products for which we are required to transmit legal terms to the User. These Third-Party Terms are incorporated by reference into the General Conditions. All capitalized terms not defined in these Third Party Terms have the meaning given to them in the General Conditions

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By using any of the following Third-Party Services made available by CloudFire in connection with the Services, you agree to be bound by the terms for that Third-Party Product and Service described below. If you do not accept the terms of any Third-Party Product and Service, or if you do not have the authority to accept the terms of that Third-Party Product, you may not use that Third-Party Product.

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In case of non-compliance with the EULA, the User is required to release and hold CloudFire harmless from any liability in the event of third-party claims in this regard.

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These Third Party Terms are not the only legal terms that may apply to Third Party Products that the User may use in connection with the Services. The User is responsible for reviewing, accepting, and complying with all legal terms and conditions applicable to any third-party Product that they may use in connection with the Services. Without limiting the generality of the foregoing, the Third-Party Products that the User may choose to receive through CloudFire may include software made available under open source licenses (“Open Source Software”). To the extent required by the applicable open source licenses, the terms and conditions associated with the Open Source Software will apply to the Open Source Software instead of the terms and conditions of the Terms of Service. Notwithstanding anything to the contrary in this Agreement, we provide no warranty with respect to the Open Source Software and we assume no liability with respect to the Open Source Software.

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Appendix A

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Terms and conditions related to the use of Microsoft software

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This document governs the use of Microsoft software, which may include software, media, printed materials, and “online” or electronic documentation (individually and collectively, “Products”) provided by CloudFire. CloudFire does not own the Products and their use is subject to certain rights and limitations that CloudFire is required to inform you of. Your right to use the Products is subject to the terms of your agreement with CloudFire and your understanding, compliance with, and acceptance of the following terms and conditions, which CloudFire has no authority to change, modify, or modify.

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Definitions

“Client Software“means the software installed on a Device that allows the Device to access or use the Products.

“Device“means a computer, a workstation, a terminal, a handheld PC, a pager, a telephone, a personal digital assistant, a 'smartphone', a server or any other hardware where software can be installed that allows the User to interact with the Product.

“End User“means an individual or legal entity that obtains Software Services directly from CloudFire or indirectly through a Software Services Reseller.

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

“Software Services“means the services that CloudFire provides to you that make available, view, execute, access or otherwise interact, directly or indirectly, with the Products. CloudFire must provide these services from the data center through the Internet, a telephone network, or a private network, based on the rental, subscription, or services, regardless of whether CloudFire receives a fee or not. Software Services exclude any service that involves the installation of a Product directly on any User's Device to allow a User to interact with the Product.

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Ownership of products

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The Products are licensed to CloudFire by an affiliate of Microsoft Corporation (collectively “Microsoft”). Microsoft products are protected by copyright and other intellectual property rights. The Products and other elements of the Product, including, without limitation, images, photographs, animations, video, audio, music, text, and “applets” embedded in the Products are the property of Microsoft or its suppliers. The user may not remove, modify or obscure any copyright, trademark or other proprietary rights notices 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.

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Using the client software

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The User may use the Client Software installed on their Devices only in accordance with the agreement entered into with CloudFire and with the terms of this document and only in relation to the Software Services provided by CloudFire. The terms of this document permanently and irrevocably replace the terms of any Microsoft End User License Agreement that may be submitted electronically during the installation and/or use of the Client Software.

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Using redistribution software

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In connection with the Software Services provided by CloudFire, the User may have access to certain “sample”, “redistributable” and/or software development codes and tools (individually and collectively “Redistribution Software”). The User may use, copy and/or install the Redistribution Software only in accordance with the terms of the agreement with CloudFire and this document and/or the agreement with CloudFire.

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Copie

The user may not make any copies of the Products; provided, however, that the User may (a) make a copy of the Client Software on their Device as expressly authorized by CloudFire; and (b) the user may make copies of certain Redistribution Software in accordance with Paragraph 4 (Use of the Redistribution Software). The User is required to delete or destroy all Client Software and/or Redistribution Software in the event of termination or cancellation of the contract with CloudFire, notification from CloudFire, or transfer of the Device to another person or entity, whichever occurs first. The user may not copy any printed material that accompanies the Products.

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Restrictions on Reverse Engineering, decompilation, and disassembly.

The user may not reverse engineer, decompile or disassemble the Products, except and only to the extent that applicable law, notwithstanding this limitation, expressly allows such activity.

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No rental

You may not directly or indirectly rent, lend, pledge, transfer or distribute the Products to third parties and do not allow third parties to access and/or use the functionality of the Products other than 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 CloudFire.

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Termination

Without prejudice to other rights, CloudFire may revoke your rights to use the Products if you fail to comply with these Terms and Conditions. In the event of termination or cancellation of the contract with CloudFire or of the agreement concluded between CloudFire and Microsoft under which the Products are licensed, the user must stop using and/or accessing the Products and destroy all copies of the Products and all their components within thirty (30) days of the termination of the contract with CloudFire.

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No warranty, liability, or remedy from Microsoft.

Microsoft disclaims, to the maximum extent permitted by applicable law, all warranties and liability for damages on the part of Microsoft or its suppliers for any direct, indirect or consequential damages and remedies arising from the Software Services. All warranties and liabilities are provided solely by CloudFire and not by Microsoft, its affiliates or subsidiaries.

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Product support

Any support for the Software Services is provided by CloudFire or third parties on behalf of CloudFire and not by Microsoft, its suppliers, affiliates, or subsidiaries.

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Not Fault Tolerant

The Products are not error-proof and are not guaranteed to be error-free or to operate without interruption. You must not use the Products in applications or situations where the failure of the Products could result in the death or serious personal injury of any person, or serious physical or environmental harm (“High Risk Use”).

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Export Restrictions

The Products are subject to U.S. export jurisdiction. CloudFire must comply with all applicable laws, including the United States Export Administration Regulations and the International Traffic in Arms Regulations, as well as end user, end use, and destination restrictions issued by the United States and other governments. For more information, click here/.

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Liability for violation

In addition to any liability to CloudFire, you agree that you are also legally responsible directly to Microsoft for any violation of these terms and conditions.

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Disclosure of information

You must allow CloudFire to disclose all information requested by Microsoft under the CloudFire Agreement. Microsoft will be a designated third party beneficiary of the contract.

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Microsoft - Bring Your Own License (BYOL) 2022 10-17 update

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CloudFire supports Bring Your Own Licenses (BYOL). Microsoft has established a set of specific rules that Users should follow when using their licenses on cloud providers since 2019. On August 29, 2022, Microsoft changed its policy with two announcements.

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The First announcement of the customer states that Microsoft BYOL can be deployed on shared hosts (multi-tenant). Previously, this was limited to dedicated (single-tenant) hosts. Customers must read and understand the new terms and conditions set out in FAQ from Microsoft. The blog post on BYOL provides more detailed information and Microsoft also has a training videos. In practice, when a customer uses BYOL, they will be able to license Windows Server per virtual core instead of per physical core and on multi-tenant public instances.

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Users should review these revised rules and their current spending and usage models to determine the most cost-effective implementation model from a financial and technical performance perspective. Some workloads are constant and require constant infrastructure, while other workloads are intensive and can be turned on and off to take advantage of hourly pricing.

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Depending on the CloudFire solution, Microsoft software is purchased on a pay-as-you-go basis (hourly, monthly, annual) on shared or dedicated resources. For BYOL, starting October 19, 2022, you can provision Microsoft BYOL licenses.

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