June 2024 Microsoft License Terms Update

Universal License Terms Update: Clarity provided regarding training content limitations within Service Terms of Azure Generative AI

Firstly, before we dig into the updates to the services terms of Azure generative AI, lets ensure that we all understand the terminology used within the Microsoft terms. “Microsoft Generative AI Services” means an online service or feature thereof provided by Microsoft that uses generative artificial intelligence technology to generate “outputs”. To achieve said outputs we must first cover and understand the “input”, in Microsoft terms this means all Customer data that a customer provides, designates, selects, or inputs for use by a generative artificial intelligence technology to generate or customize an “output”. Finally, onto the “output content”, within the Microsoft terms this is defined as any data, text, sound, video, image, code, or other content generated by a Microsoft generative AI service in response to input.

Now for the update to the Service Terms, Microsoft have confirmed that Microsoft Generative AI Services do not use either input or output content to train, retrain or improve Azure OpenAI Service foundation models. Clarity has been given to define that customer must not and must also not direct or enable any third parties to use any Microsoft Generative AI Service to generate output content with the direct intention of creating synthetic training data to develop or train AI models or systems with largely the same functionality as a Microsoft AI Service. Customers may however generate output content to tweak exclusively to the extent permitted within the Azure OpenAI Limited Access registration form (https://aka.ms/oai/access). The restrictions do not stretch to restricting use of Microsoft Generative AI Services to generate output content being used as an input within a dynamic AI model or system.

Privacy and Security Terms

There have been a number of updates to the Privacy and Security Terms this month starting with Microsoft Sentinel being added to the Core Online Service table, the table of Microsoft’s core online services. Microsoft Sentinel has also been added to the Security Practices and Policies table. This table sets out the adherence of Core Online Service products to both the security practices and policies for online services as set out within the Microsoft Products and Services Data Protection Addendum alongside compliance with control standards and frameworks shown within the table. The products implement and maintain security measures as set out within Appendix A of the Microsoft DPA for protection of customer data, and Microsoft Sentinel is compliant with both SSAE 18 SOC 1 Type II and SSAE 18 SOC 2 Type II.

A new clause has been added within the ‘Location of Customer Data at Rest for Core Online Services’ specifically within Office 365 Services regarding data residency. There is now the option to take out an ‘Advanced Data Residency’ subscription, whereby if a customer provisions their tenant in Australia, Brazil, Canada, the European Union, France, Germany, India, Japan, Norway, Qatar, South Africa, South Korea, Sweden, Switzerland, the United Kingdom, the United Arab Emirates, or the United States Microsoft will store a specified set of the customers data including Exchange Online mailbox content, SharePoint Online site content, files uploaded to OneDrive, MS Teams and stored content on MS Copilot for Microsoft 365 at rest within that applicable geographic location. For a full breakdown of the data covered within the subscription please see https://aka.ms/adroverview.

The final updates to this section for June are within the Core Online Service table, within the Azure Core Services there have been two additions, Azure DDOS Protection designed to prevent against a Denial-of-Service attack, and Azure Bastion a service that provides RDP and SSH access for VMs.

Microsoft Azure Terms

A new clause has been added regarding Microsoft Defender for Identity and automatic updated. It states that Microsoft Defender for Identity may automatically download and install updates for you, and that without any additional or prior notice you agree to receive these automatic updates.

There have been some updates to the Azure Maps terms in order to align to them with the merger of Bing Maps functionality. Below is a list of the terms that are covered, for more detail please see https://www.microsoft.com/licensing/terms/productoffering/MicrosoftAzure/EAEAS

• Navigation Restrictions – details including the restricted use within automatic and autonomous vehicles.
• Database Restrictions – Users must not use the outputs from Azure Maps to create a competing database or service. Additionally Azure Maps data cannot be used in conjunction with other licensed or open-source software.
• API Results – Microsoft regulates the rate at which Azure Maps can be called, the amount of storage made available, and the length of individual content segments uploaded to or served from Azure Maps. There are also strict rules around caching the results.
• Map Content – includes use and display of TomTom.
• Imagery Content – Users are not permitted to replace Azure Maps with maps from other platforms.
• User Region Parameters – Use must be compliant within the region of use.
• No Warranty for Accuracy
• Copyright – Users must not remove any copyright, watermarks, or logos.
• Print Rights – There are stringent rules with regards to printing, 11 are laid out expressly stating when/why users are not permitted to printing Azure Maps results.?

Microsoft Defender for Endpoint Terms

There is new product availability with Microsoft Defender for Endpoint F1 and F2, Plan 1 and Plan 2, along with a Plan 2 step up from Plan 1 commercial subscription option and Plan 2 for Student subscription also.? A prerequisite table has been added with links to the Universal License Terms for all Online Services. Finally, the Microsoft Defender for Endpoint has been added to the Student Use Benefit Entitlements by Qualifying Program.?