Updates per Legal review

Author: LouisBerner

articles/databox-online/azure-stack-edge-add-hardware-terms.md

@@ -6,7 +6,7 @@ author: alkohli
 ms.service: databox
 ms.subservice: edge
 ms.topic: article
-ms.date: 07/21/2022
+ms.date: 08/09/2022
 ms.author: alkohli
 ---
 # Azure Stack Edge hardware additional terms
@@ -15,32 +15,35 @@ ms.author: alkohli
 
 This article documents additional terms for Azure Stack Edge hardware.
 
-## Availability of Azure Stack Edge devices
+## Availability of the Azure Stack Edge device
 
-Microsoft isn't obligated to continue to make the Azure Stack Edge Device or any other hardware product available in connection with the Service. The Azure Stack Edge Device may not be offered in certain regions or jurisdictions, and even where it is, it's subject to availability. Microsoft reserves the right to refuse to offer the Azure Stack Edge Device to anyone in its sole discretion and judgment.  
+Microsoft isn't obligated to continue to offer the Azure Stack Edge Device or any other hardware product in connection with the Service. The Azure Stack Edge Device may not be offered in all regions or jurisdictions, and even where it is offered, it may be subject to availability. Microsoft reserves the right to refuse to offer the Azure Stack Edge device to anyone in its sole discretion and judgment.
 
 ## Use of the Azure Stack Edge device
-As part of the Service, Microsoft allows Customer to use the Azure Stack Edge Device for as long as Customer has an active subscription to the Service. If Customer no longer has an active subscription and fails to return the Azure Stack Edge Device, Microsoft can deem the Azure Stack Edge Device as lost as set forth in the “Title and Risk of Loss; Shipment and Return Responsibilities” Section.
+As part of the Service, Microsoft allows Customer to use the Azure Stack Edge device for as long as Customer has an active subscription to the Service. If Customer no longer has an active subscription and fails to return the Azure Stack Edge device, Microsoft may deem the Azure Stack Edge device as lost as described in the “Title and risk of loss; shipment and return responsibilities” section.
 
 ## Title and risk of loss; shipment and return responsibilities  
 
 ### Title and risk of loss
 
-All right, title and interest in each Azure Stack Edge Device is and shall remain the property of Microsoft, and except as expressly set forth in these Additional Terms, no rights are granted to any Azure Stack Edge Device (including under any patent, copyright, trade secret, trademark or other proprietary rights). Customer will compensate Microsoft for any loss, damage or destruction to or of any Azure Stack Edge Device while it is at any of Customer’s locations or in the circumstances described in the “Responsibilities if Customer Moves an Azure Stack Edge Device between Customer’s Locations” Section, with the exception of expected wear and tear, which includes minor damage (that is, dings and dents) that don't compromise the structure or functionality of the Azure Stack Edge Device. Customer is responsible for inspecting the Azure Stack Edge Device upon receipt from the carrier and for promptly reporting any damages to Microsoft Support at [[email protected]](mailto:[email protected]). Customer is responsible for the entire risk of loss of, or any damage to (other than expected wear and tear), the Azure Stack Edge Device once it has been delivered by the carrier to Customer’s designated address until the Microsoft-designated carrier accepts the Azure Stack Edge Device for return delivery. If Customer prefers to arrange Customer’s own pick-up and/or return of the Azure Stack Edge Device pursuant to the “Shipment and Return of Azure Stack Edge Device” Section below, Customer is responsible for the entire risk of loss of, or any damage to the Azure Stack Edge Device until it has been returned to, and accepted by Microsoft.
+All right, title and interest in each Azure Stack Edge device is and shall remain the property of Microsoft, and except as described in these Additional Terms, no rights are granted to any Azure Stack Edge device (including under any patent, copyright, trade secret, trademark or other proprietary rights). Customer will compensate Microsoft for any loss, damage or destruction to or of any Azure Stack Edge device once it has been delivered by the carrier to Customer’s designated address until the Microsoft-designated carrier accepts the Azure Stack Edge device for return delivery, including while it is at any of Customer’s locations (other than expected wear and tear that don't compromise the structure or functionality) or such circumstances as described in the “Responsibilities if a government customer moves an Azure Stack Edge device between customer’s locations” section. Customer is responsible for inspecting the Azure Stack Edge device upon receipt from the carrier and for promptly reporting any damages to Microsoft Support at [[email protected]](mailto:[email protected]). 
 
-Microsoft may charge Customer for a lost device fee for the Azure Stack Edge Device (or equivalent) as set forth on the pricing pages for the specific Azure Stack Edge Device models under the [FAQ section at](https://azure.microsoft.com/pricing/details/azure-stack/edge/). (i) if the Azure Stack Edge Device is lost or materially damaged while it's Customer’s responsibility as described in the previous sentence, or (ii) if Customer doesn't provide the Azure Stack Edge Device to the Microsoft-designated carrier for return or return the Azure Stack Edge Device pursuant to the “Shipment and Return of Azure Stack Edge Device” Section below within 30 days from the end of Customer’s use of the Service. Microsoft reserves the right to change the fee charged for lost or damaged devices, including but not limited to, by charging different amounts for different device form factors.  
+If Customer prefers to arrange Customer’s own pick-up and/or return of the Azure Stack Edge device pursuant to the “Shipment and return of Azure Stack Edge device” section below, Customer is responsible for the entire risk of loss of, or any damage to the Azure Stack Edge device until it has been returned to and accepted by Microsoft.
+Microsoft may charge Customer for a lost device fee for the Azure Stack Edge device (or equivalent) as described on the pricing pages for the specific Azure Stack Edge device models under the **FAQ** section at https://azure.microsoft.com/pricing/details/azure-stack/edge/ for the following reasons: (i) the Azure Stack Edge device is lost or materially damaged while it is Customer’s responsibility as described above, (ii) Customer does not provide the Azure Stack Edge device to the Microsoft-designated carrier for return or return the Azure Stack Edge device pursuant to the “Shipment and return of Azure Stack Edge device” section below within 30 days from the end of Customer’s use of the Service. Microsoft reserves the right to change the fee charged for lost or damaged devices, including charging different amounts for different device form factors.
 
 ### Shipment and return of Azure Stack Edge device
 
-Customer will be responsible for a one-time metered shipping fee for the shipment of the Azure Stack Edge Device from Microsoft to Customer and return shipping of the same, in addition to any metered amounts for carrier charges, any taxes, or applicable customs fees. When returning an Azure Stack Edge Device to Microsoft, Customer will package and ship the same in accordance with Microsoft’s instructions, including by using a carrier designated by Microsoft and the packaging materials provided by Microsoft. If Customer prefers to arrange Customer’s own pick-up and/or return of the same, then Customer is responsible for the costs of shipping the Azure Stack Edge Device, including adequate protections against any loss or damage of the Azure Stack Edge Device (for example, insurance coverage) while in transit. Customer will package and ship the Azure Stack Edge Device in accordance with Microsoft’s packaging instructions. Customer is also responsible to ensure that it removes any and all of Customer’s data from the Azure Stack Edge Device prior to returning it to Microsoft, including but not limited to, following any Microsoft issued processes for wiping or clearing the Azure Stack Edge Device.
+Customer will be responsible for a one-time metered shipping fee for the shipment of the Azure Stack Edge Device from Microsoft to Customer and return shipping of the same, in addition to any metered amounts for carrier charges, any taxes, or applicable customs fees. When returning an Azure Stack Edge device to Microsoft, Customer will package and ship the same in accordance with Microsoft’s instructions, including using a carrier designated by Microsoft and the packaging materials provided by Microsoft. If Customer prefers to arrange Customer’s own pick-up and/or return of the same, then Customer is responsible for the costs of shipping the Azure Stack Edge device, including protections against any loss or damage of the Azure Stack Edge device (for example, insurance coverage) while in transit. Customer will package and ship the Azure Stack Edge device in accordance with Microsoft’s packaging instructions. Customer is also responsible to ensure that it removes all Customer’s data from the Azure Stack Edge device prior to returning it to Microsoft, including following any Microsoft-issued processes for wiping or clearing the Azure Stack Edge device.
 
 ### Responsibilities if a government customer moves an Azure Stack Edge device between customer’s locations
 
-If a government Customer is in possession of an Azure Stack Edge Device, the government Customer only may, at Customer’s sole risk and expense, transport the Azure Stack Edge Device to Customer’s different locations in accordance with this Section and the requirements of the Additional Terms. Customer is responsible for obtaining at Customer’s own risk and expense any export license, import license and other official authorization for the exportation and importation of the Azure Stack Edge Device and associated Software and Customer’s data to any such different Customer location. Customer shall also be responsible for customs clearance at any such different Customer location, and will bear all duties, taxes and other official charges payable upon importation as well as any and all costs and risks of carrying out customs formalities in a timely manner. Customer agrees to comply with and be responsible for all applicable import, export and general trade laws and regulations should Customer decide to transport the Azure Stack Edge Device beyond the country border in which Customer receives the Azure Stack Edge Device. Notwithstanding the foregoing, if Customer transports the Azure Stack Edge Device to a different location as set forth in this Section, Customer agrees to cause the Azure Stack Edge Device to return to the country location where Customer received it initially, prior to shipping the Azure Stack Edge Device to Microsoft. Customer acknowledge that there are inherent risks in shipping data on and in connection with the Azure Stack Edge Device, and that Microsoft will have no liability to Customer for any damage, theft, or loss occurring to an Azure Stack Edge Device or any data stored on one, including without limitation in transit. It's Customer’s responsibility to obtain the appropriate support agreement from Microsoft in order to meet Customer’s operating objectives for the Azure Stack Edge Device; however, depending on the location  to which Customer intends to move the Azure Stack Edge Device, Microsoft’s ability to provide hardware servicing and support may be delayed, or may not be available.  
+Government Customer agrees to comply with and be responsible for all applicable import, export and general trade laws and regulations should Customer decide to transport the Azure Stack Edge device beyond the country border in which Customer receives the Azure Stack Edge device. For clarity, but not limited to, if a government Customer is in possession of an Azure Stack Edge device, only the government Customer may, at government Customer’s sole risk and expense, transport the Azure Stack Edge device to its different locations in accordance with this Section and the requirements of the Additional Terms. Customer is responsible for obtaining at Customer’s own risk and expense any export license, import license and other official authorization for the exportation and importation of the Azure Stack Edge device and Customer’s data to any different Customer location. Customer shall also be responsible for customs clearance to any different Customer location, and will bear all duties, taxes, and other official charges payable upon importation as well as all costs and risks of carrying out customs formalities in a timely manner.
+   
+If Customer transports the Azure Stack Edge device to a different location, Customer agrees to return the Azure Stack Edge device to the country location where Customer received it initially, prior to shipping the Azure Stack Edge device back to Microsoft. Customer acknowledges that there are inherent risks in shipping data on and in connection with the Azure Stack Edge device, and that Microsoft will have no liability to Customer for any damage, theft, or loss occurring to an Azure Stack Edge device or any data stored on one, including during transit. It's Customer’s responsibility to obtain the appropriate support agreement from Microsoft to meet Customer’s operating objectives for the Azure Stack Edge device; however, depending on the location to which Customer intends to move the Azure Stack Edge device, Microsoft’s ability to provide hardware servicing and support may be delayed, or may not be available.
 
 ## Fees
 
-Microsoft will charge Customer specified fees in connection with Customer’s use of the Azure Stack Edge Device as part of the Service, with [the current schedule of fees for each Azure Stack Edge model](https://azure.microsoft.com/pricing/details/azure-stack/edge/). For clarity, Customer may use other Azure services in connection with Customer’s use of the Service, and Microsoft deems such services as separate services that may be subject to separate metered fees and costs. By way of example only, Azure Storage, Azure Compute, and Azure IoT Hub are separate Azure services, and if used (even in connection with its use of the Service), separate Azure metered services will apply.
+Microsoft will charge Customer specified fees in connection with Customer’s use of the Azure Stack Edge device as part of the Service, with [the current schedule of fees for each Azure Stack Edge model](https://azure.microsoft.com/pricing/details/azure-stack/edge/). Customer may use other Azure services in connection with Customer’s use of the Service, and Microsoft deems such services as separate services that may be subject to separate metered fees and costs. By way of example only, Azure Storage, Azure Compute, and Azure IoT Hub are separate Azure services, and if used (even in connection with its use of the Service), separate Azure metered services will apply.
 
 ## Next steps