Usage guidelines for Microsoft 365 software

(1) The software and services are used in accordance with the current version of the Product Terms (PTs), the Online Services Terms (OSTs) and the Data Protection Addendum for Online Services (DPA). These can be viewed at www.microsoft.com/de-de/licensing/product-licensing/products.aspx.

(2) The services cannot be used in all countries, in particular not in the Democratic People's Republic of Korea, Iran, Cuba, Sudan and Syria. A list of all countries is available at https://www.microsoft.com/de-de/microsoft-365/business/international-availability.

(3) The software and services are exclusively for study-related or official purposes and for student or official projects in compliance with the statutory provisions, in particular the retention periods.

(4) Microsoft 365 can be used for a maximum of 5 devices.

(5) Important official data may not be stored in public or external cloud storage! This data must be backed up on the university's internal servers.

(6) Microsoft 365 Web Apps use storage in the Microsoft Cloud by default and are therefore not to be used for business data. Microsoft 365 Web Apps always allow only one copy to be saved on the local device.

(7) The system administrator for Microsoft at Landshut University of Applied Sciences does not back up data from Microsoft 365. Users must ensure that data processed in Microsoft 365 is backed up on their own responsibility.

(8) Use for commercial or private purposes is prohibited in the licence terms. Only personal, non-transferable licences are provided.

(9) The user must use Microsoft's cloud storage services in compliance with the currently applicable provisions and regulations on social data protection (Section 67 (1) SGB X; Section 80 SGB X), personnel file law (Art. 104 BayBG; Art. 108 BayBG), tax law (Section 146 AO), copyright law (Section 60a UrhG), law on the protection of trade secrets (Section 203 StGB), telemedia law, archive law and the regulations on proper file management. Neither data subject to § 203 StGB, nor social data (§ 67 para. 1 SGB X), nor personal data (§ 103 ff BayBG, 145 para. 2 BayBG) may be processed with Microsoft cloud storage services. (10) Insofar as the user processes personal data of other persons with the software and services, the data protection regulations must be complied with and the fulfilment of information obligations must be ensured.

(11) The user acknowledges that:

• he/she is only authorised to use the software and services during the licensed period.
• all software must be deleted or services can no longer be used if Landshut University of Applied Sciences terminates the contract or does not submit an accession or renewal order before the end of the licensed period or does not acquire licences for an unlimited period, depending on which event occurs first.

(12) Landshut University of Applied Sciences reserves the right to offer the user only a selection of software and services or to restrict individual functions of the software and services.

(13) Microsoft provides some functions of its software and services as "Optional Connected Experience" or as separate services (such as Copilot). These services are not provided as part of order processing. Users may only use these functions with their own personal data,with data that is not subject to any secrecy or confidentiality and only if the necessary copyright usage rights for content and results have been clarified. In addition, the legal and university requirements for the use of AI assistants and good scientific practice must be observed.

(14) Landshut University of Applied Sciences may regulate the use of individual software and services through further usage guidelines.

(15) The user acknowledges that Landshut University of Applied Sciences distributes user-specific configurations of the software and services. These apply to all of the user's devices on which the university account is used. Landshut University of Applied Sciences excludes any liability for damages or misconfigurations on private devices to the extent permitted by law.

(16) The use of the software and services is also subject to the provisions of the Campus and School Agreement (CASA), including, but not limited to, limitations of liability, the exclusion of warranties and the exclusion of legal remedies and claims. In particular, the User acknowledges the passages of this Agreement listed in the Appendix on the above topics.

Appendix:

Provisions from the Campus and School Agreement (CASA)

Warranties.

a. Limited Warranties and Remedies.

(i) Software. Microsoft warrants that each version of the Software will perform substantially as described in the applicable Microsoft user documentation for one year from the date that Institution first licenses that version. If it does not, and Facility notifies Microsoft within the Warranty Period, Microsoft will, at its option, either

(1) refund the price paid for that software licence; or

(2) repair or replace the Software.

(ii) Online Services. Microsoft warrants that each Online Service will perform in accordance with the applicable SLA during Facility's use. Facility's remedies for breach of this warranty are set forth in the SLA.

The above claims are Facility's sole claims for breach of warranty under this section. Facility waives all claims for breach of warranty not made within the Warranty Period.

b. Exclusions. The warranties in this Agreement do not apply to problems resulting from accident, misuse, or use in a manner inconsistent with this Agreement, including failure to meet minimum system requirements. These warranties do not apply to free products, test, pre-release or beta products or to components of products that the organisation is permitted to redistribute.

c. Disclaimer of Warranties. Except as described in the limited warranties above, Microsoft makes no other warranties or guarantees and disclaims all other express, implied or statutory warranties or guarantees, such as warranties or guarantees of quality, title, non-infringement, merchantability or fitness for a particular purpose.

Defence against third party claims.

The parties shall defend each other against the third party claims described in this section and pay the amount of any resulting adverse final judgment or approved settlement, but only if the defendant is promptly notified in writing of the claim and has the right to control the defence and settlement. The defended party must provide the defending
party with all requested assistance, information and powers of attorney. The defendant shall reimburse the other party for reasonable expenses incurred in providing such assistance. This section sets forth the parties' exclusive remedies and entire liability for such claims.

a. On the part of Microsoft. Microsoft will defend the Facility against any third-party claim to the extent it alleges that a Product or Fix provided by Microsoft for a fee and used within the scope of the licence granted (unmodified as provided by Microsoft and not combined with anything else) misappropriates a trade secret or directly infringes a patent, copyright, trademark or other proprietary right of a third party. If Microsoft is unable, under commercially reasonable conditions, to resolve a claim of infringement, Microsoft may (1) either modify or replace the Product or Fix with a functionally equivalent service
or (2) terminate the Facility's licence and refund any amounts paid for Online Services for the period of use after the termination date. Microsoft will not be liable for any claims or damages for Facility's continued use of a Product or Fix after a request to discontinue use due to a third party's claim.

b. On the part of the entity. To the extent permitted by applicable law, Facility will defend Microsoft against third-party claims to the extent that: (1) Customer Data or non-Microsoft software hosted on an Online Service for the Facility by Microsoft misappropriates a trade secret or directly infringes a patent, copyright, trademark, or other proprietary right of a third party; or (2) that use of a Product or Fix by the
Facility, alone or in combination with other elements, violates the law or harms a third party.

Limitation of Liability.

For each Product, each party's maximum aggregate liability to the other party under this Agreement shall be limited to direct damages finally awarded and to the maximum amounts that Facility has been required to pay for the applicable Products during the term of this Agreement, subject to the following:

a. Online Services. For Online Services, Microsoft's maximum liability to Facility for each Incident giving rise to a claim will not exceed the amount Facility paid for the Online Service during the 12 months prior to the Incident.

b. Free Products and Tamper-Resistant Code. Microsoft's liability for free products and code that Facility may redistribute to third parties without separate payment to Microsoft is limited to finally awarded direct damages up to $5,000.

c. Exclusions. In no event will either party be liable for indirect, incidental, special, punitive or consequential damages, or for loss of use, loss of business information, loss of revenue or business interruption, regardless of cause or any theory of liability.

d. Exceptions. Limitations or exclusions will not apply to liability arising out of either party's (1) confidentiality obligations (other than any liability relating to Customer Data, which will be subject to the limitations and exclusions set forth above), (2) defendant's obligations, or (3) infringement of the other party's intellectual property rights.