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JohanAussenac's avatar
JohanAussenac
Brass Contributor
Jul 24, 2024

Clarification on Microsoft AI Cloud Partner Agreement & Marketplace Publisher Agreement

Helllo there, 

We have to clarify two pieces:

  • Microsoft AI Cloud Partner Program Agreement:  Section 8 Limitations of Liability (b) it says Privacy and Data Protection, Confidentiality and Publicity and indemnification are carved out of any limitations in paragraph 8.(a)

    Can you please confirm our understanding that Microsoft is asking the Company to have the risk of unlimited liability related to these carve-outs ?
  • Microsoft Publisher Agreement: Section 9 (b) has indemnification claims subject to indirect damages and Section 9 (c) have carve-outs for confidentiality, privacy or data protection which we interpret as having the risk of unlimited liability. 

    Can you please confirm our understanding that Microsoft is asking the Company to have the risk of unlimited liability related to these carve-outs ?
    • JillArmourMicrosoft's avatar
      JillArmourMicrosoft
      Icon for Community Manager rankCommunity Manager

      I recommend working within your own legal teams to confirm this 

       

      This is not an area that I am familiar with and I haven't been able to find a team to confirm, but from what I read, I would think yes, the language in the Microsoft AI Cloud Partner Program Agreement, specifically in Section 8(b), indicates that Microsoft is asking the company to take on the risk of unlimited liability for certain carve-outs.

       

      That is all I have to share on this string. Best of luck all! 

  • matthieumolari's avatar
    matthieumolari
    Copper Contributor
    Could you please come back with an answer please?
    It’s a blocking point for me too.
  • JohanAussenac I don't know if this the correct board for your inquiry, but I'm looking into someone to help answer this. Not sure I will be able to find anyone, but I will try. 

     

    Thanks for being part of the community! - jill

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