final changes

Author: sipastak

articles/databox/data-box-hardware-additional-terms.md

@@ -6,7 +6,7 @@ author: alkohli
 ms.service: databox
 ms.subservice: pod
 ms.topic: article
-ms.date: 07/22/2022
+ms.date: 08/09/2022
 ms.author: alkohli
 ---
 # Azure Data Box hardware additional terms
@@ -15,21 +15,21 @@ This article documents additional terms for Azure Data Box hardware.
 
 ## Availability of Data Box devices
 
-The Data Box Device may not be available in certain regions or jurisdictions, and even where it is, it is subject to availability. Microsoft is not responsible for delays related to the Service that are outside of its direct control. Microsoft reserves the right to refuse to offer the Service and corresponding Data Box Device to anyone in its sole discretion and judgment.  
+The Data Box Device may not be offered in all regions or jurisdictions, and even where it is offered, it may be subject to availability. Microsoft is not responsible for delays related to the Service outside of its direct control. Microsoft reserves the right to refuse to offer the Service and corresponding Data Box Device to anyone in its sole discretion and judgment.   
 
 ## Possession and return of the Data Box device
 
-As part of the Service, Microsoft allows Customer to possess the Data Box Device for a period of time depending on the Data Box Device type. For Data Box Devices that have a specified time period for possession, Microsoft may charge Customer additional daily fees for possession of the Data Box Device beyond that specified time period as set forth at https://go.microsoft.com/fwlink/?linkid=2052173. 
+As part of the Service, Microsoft allows Customer to retain the Data Box Device for limited periods of time which may vary based on the Data Box Device type. If Customer retains the Data Box Device beyond the specified time period, Microsoft may charge Customer additional daily fees as described at https://go.microsoft.com/fwlink/?linkid=2052173.  
 
 ## Shipment and title; fees
 
 ### Title and risk of loss 
 
-All right, title, and interest in each Data Box Device is and shall remain the property of Microsoft, and except as expressly set forth in the Additional Terms, no rights are granted to any Data Box Device (including under any patent, copyright, trade secret, trademark or other proprietary rights). Customer will compensate Microsoft for any loss, material damage or destruction to or of any Data Box Device while it is at any of Customer’s locations as described in Shipment and Title; Fees, Table 1. Customer is responsible for inspecting the Data Box Device upon receipt from the carrier and for promptly reporting any damage to Microsoft Support at adbops@microsoft.com. Customer is responsible for the entire risk of loss of, or any damage to, the Data Box Device once it has been delivered by the carrier to Customer’s designated address until the Microsoft-designated carrier accepts the Data Box Device for delivery back to the Designated Azure Data Center.
+All right, title and interest in each Data Box Device is and shall remain the property of Microsoft, and except as described in the Additional Terms, no rights are granted to any Data Box Device (including under any patent, copyright, trade secret, trademark or other proprietary rights). Customer will compensate Microsoft for any loss, material damage or destruction to or of any Data Box Device while it is at any of Customer’s locations as described in Shipment and Title; Fees, Table 1.   Customer is responsible for inspecting the Data Box Device upon receipt from the carrier and for promptly reporting any damage to Microsoft Support at databoxsupport@microsoft.com.  Customer is responsible for the entire risk of loss of, or any damage to, the Data Box Device once it has been delivered by the carrier to Customer’s designated address until the Microsoft-designated carrier accepts the Data Box Device for delivery back to the Designated Azure Data Center.
 
 ### Fees
 
-As set forth in these terms, Microsoft may charge Customer specified fees in connection with its use of the Data Box Device as part of the Service, with the current schedule of fees set forth at https://go.microsoft.com/fwlink/?linkid=2052173. For clarity, Azure Storage and Azure IoT Hub are separate Azure Services, and if used (even in connection with its use of the Service), separate Azure metered fees will apply. For additional clarity, any Azure services Customer uses after completing a transfer of data using the Azure Data Box Service are subject to separate usage fees.  For Data Box Devices, Microsoft may charge Customer a lost device fee, as provided in Table 1 below, if (i) the Data Box Device is lost or materially damaged while it is in Customer’s care; (ii) Customer does not provide the Data Box Device to the Microsoft-designated carrier for return within the time period after the date it was delivered to Customer as provided in the table below.  Microsoft reserves the right to change the fees charged for Data Box Device types, including but not limited to, by charging different amounts for different device form factors.
+Microsoft may charge Customer specified fees in connection with its use of the Data Box Device as part of the Service, as described at https://go.microsoft.com/fwlink/?linkid=2052173. For clarity, Azure Storage and Azure IoT Hub are separate Azure Services, and if used (even in connection with its use of the Service), separate Azure metered fees will apply. Additional Azure services Customer uses after completing a transfer of data using the Azure Data Box Service are also subject to separate usage fees.  For Data Box Devices, Microsoft may charge Customer a lost device fee, as provided in Table 1 below, if (i) the Data Box Device is lost or materially damaged while it is in Customer’s care; and/or (ii) Customer does not provide the Data Box Device to the Microsoft-designated carrier for return within the time period after the date it was delivered to Customer as provided in Table 1 below.  Microsoft reserves the right to change the fees charged for Data Box Device types, including charging different amounts for different device form factors.
 
 Table 1:
 
@@ -42,19 +42,21 @@ Table 1:
 
 ### Shipment and return of Data Box device
 
-For those Data Box Devices that are transported or delivered between Customer and a Designated Azure Data Center or a Microsoft entity, Microsoft will provide access to a designated carrier for such shipping and delivery.  Customer will be responsible for costs of shipping a Data Box Device from Microsoft or a Designated Azure Data Center to Customer and return shipping of the same, including any metered amounts for carrier charges, any taxes, or applicable customs fees.  When returning a Data Box Device to Microsoft, Customer will package and ship the Data Box Device in accordance with Microsoft’s instructions, including by using a carrier designated by Microsoft and the packaging materials provided by Microsoft.
+Microsoft will designate a carrier for shipping and delivery of Data Box Devices that are transported or delivered between Customer and a Designated Azure Data Center or a Microsoft entity. Customer will be responsible for costs of shipping a Data Box Device from Microsoft or a Designated Azure Data Center to Customer and return shipping of the Data Box Device, including any metered amounts for carrier charges, any taxes, or applicable customs fees.  When returning a Data Box Device to Microsoft, Customer will package and ship the Data Box Device in accordance with Microsoft’s instructions, including using a carrier designated by Microsoft and the packaging materials provided by Microsoft.
 
 ### Transit risks 
 
-Although data on a Data Box Device is encrypted, Customer acknowledges that there are inherent risks in shipping data on and in connection with the Data Box Device, and that Microsoft will have no liability to Customer for any damage, theft, or loss occurring to a Data Box Device or any data stored on one, including without limitation in transit.
+Although data on a Data Box Device is encrypted, Customer acknowledges that there are inherent risks in shipping data on and in connection with the Data Box Device, and that Microsoft will have no liability to Customer for any damage, theft, or loss occurring to a Data Box Device or any data stored on one, including during transit.
 
 ### Self-managed shipment
 
-Notwithstanding the foregoing, Customer may elect to use Customer’s designated carrier or Customer itself to ship and return the Data Box Device by selecting this option in the Service portal.  Once selected, (i) Microsoft will inform Customer about Data Box Device availability; (ii) Microsoft will prepare the Data Box Device for pick-up by Customer’s designated carrier or Customer itself; and (iii) Customer will coordinate with Microsoft and Designated Azure Data Center personnel for pick-up and return of the Data Box Device by Customer’s designated carrier or Customer directly.  A Customer’s election for self-managed shipment is subject to the following:  (i) Customer abides by all other applicable terms and conditions related to the Service and Data Box Device, including without limitation, the Product Terms and the Azure Data Box Hardware Terms; (ii) Customer is responsible for the entire risk of loss of, or any damage to, the Data Box Device (as set forth in the “Shipment and Title; Fees” section, under subsection (a) “Title and Risk of Loss”) from the time that Microsoft makes the Data Box Device available for pick-up by Customer’s designated carrier or Customer, to the time Microsoft has accepted the Data Box Device from Customer’s designated carrier or Customer at the Designated Azure Data Center; (iii) Customer is fully responsible for the costs of shipping a Data Box Device from Microsoft or a Designated Azure Data Center to Customer and return shipping of the same, including carrier charges, any taxes, or applicable customs fees; (iv) When returning a Data Box Device to Microsoft or a Designated Azure Data Center, Customer will package and ship the Data Box Device in accordance with Microsoft’s instructions and any packaging materials provided by Microsoft; (v) Customer will be charged applicable fees (as set forth in the “Shipment and Title; Fees” section, under subsection (b) “Fees”) which commence from the time the Data Box Device is ready for pick-up at the agreed upon time and location, and will cease once the Data Box Device has been delivered to Microsoft or the Designated Azure Data Center; and (vi) Customer acknowledges that there are inherent risks in shipping data on and in connection with the Data Box Device, and that Microsoft will have no liability to Customer for any damage, theft, or loss occurring to a Data Box Device or any data stored on one, including without limitation in transit when shipped by Customer’s designated carrier.
+Alternatively, Customer may elect to use Customer’s designated carrier or Customer itself to ship and return the Data Box Device by selecting this option in the Service portal.  Once selected, (i) Microsoft will inform Customer about Data Box Device availability; (ii) Microsoft will prepare the Data Box Device for pick-up by Customer’s designated carrier or Customer itself; and (iii) Customer will coordinate with Microsoft and Designated Azure Data Center personnel for pick-up and return of the Data Box Device by Customer’s designated carrier or Customer directly.  Customer’s election for self-managed shipment is subject to the following: (i) Customer abides by all other applicable terms and conditions related to the Service and Data Box Device, including the Product Terms and the Azure Data Box Hardware Terms; (ii) Customer is responsible for the entire risk of loss of, or any damage to, the Data Box Device (as described in the “Shipment and Title; Fees” section, under subsection (a) “Title and Risk of Loss”) from the time that Microsoft makes the Data Box Device available for pick-up by Customer’s designated carrier or Customer, to the time Microsoft has accepted the Data Box Device from Customer’s designated carrier or Customer at the Designated Azure Data Center; (iii) Customer is fully responsible for the costs of shipping a Data Box Device from Microsoft or a Designated Azure Data Center to Customer and return shipping of the same, including carrier charges, any taxes, or applicable customs fees; (iv) When returning a Data Box Device to Microsoft or a Designated Azure Data Center, Customer will package and ship the Data Box Device in accordance with Microsoft’s instructions and any packaging materials provided by Microsoft; (v) Customer will be charged applicable fees (as described in the “Shipment and Title; Fees” section, under subsection (b) “Fees”) which commence from the time the Data Box Device is ready for pick-up at the agreed upon time and location, and will cease once the Data Box Device has been delivered to Microsoft or the Designated Azure Data Center; and (vi) Customer acknowledges that there are inherent risks in shipping data on and in connection with the Data Box Device, and that Microsoft will have no liability to Customer for any damage, theft, or loss occurring to a Data Box Device or any data stored on one, including during transit when shipped by Customer’s designated carrier.
 
 ## Responsibilities if Customer moves a Data Box device between locations
 
-While Customer is in possession of a Data Box Device, Customer may, at its sole risk and expense, transport the Data Box Device to its different locations to upload its data in accordance with this Section and the requirements of the Additional Terms.   Customer is responsible for obtaining, at its own risk and expense, any export license, import license and other official authorization for the exportation and importation of the Data Box 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 Data Box Device beyond the country border in which Customer receives the Data Box Device.   Notwithstanding the foregoing, if Customer transports the Data Box Device to a different location as set forth in this Section, Customer agrees to cause the Data Box Device to return to the country location where Customer received such device initially, prior to shipping the Data Box Device back to the original point of origin, whether a specified Microsoft entity or a Designated Azure Data Center. If requested, Microsoft may provide a list of companies that may be able to assist Customer in importing or exporting the Data Box Device, but Microsoft does not endorse, support, or represent any of the listed companies, and Microsoft disclaims any liability for any damages or liabilities Customer may incur as a result of those services.
+While Customer is in possession of a Data Box Device, Customer may, at its sole risk and expense, transport the Data Box Device to its domestic locations, and international locations as permitted by Microsoft in writing, for use to upload its data in accordance with this section and the requirements of the Additional Terms.  
+If Customer wishes to move a Data Box Device to another country, then Customer must be the exporter of record from the country of export and importer of record into the country where the Data Box Device is being imported. Customer is responsible for obtaining, at its own risk and expense, any export license, import license and other official authorization for the exportation and importation of the Data Box Device 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, fines, penalties (if applicable) and all charges payable for exporting and importing the Data Box Device, 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 Data Box Device beyond the country border in which Customer receives the Data Box Device.  Additionally, if Customer transports the Data Box Device to a different country, prior to shipping the Data Box Device back to the original point of origin, whether a specified Microsoft entity or a Designated Azure Data Center, Customer agrees to return the Data Box Device to the country location where Customer initially received the Data Box Device.  If requested, Microsoft may provide Microsoft’s estimated value of the Data Box Device as supplied by Microsoft to Customer and share available product certifications for the Data Box Device. 
+
 
 ## Next steps