The following Terms of Use ("TOU") apply to the Azure Quantum website.
Azure Quantum Terms of Use
Acceptance of Terms The following Terms of Use ("TOU") apply to your use of the Azure Quantum website, also called “Services.” We may change, amend, or cancel this TOU at any time. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages. Your use of the Services after the changes become effective means you agree to the new TOU. If you do not agree to the new TOU, you must stop using the Services.
Description of ServiceThrough the Azure Quantum website, Microsoft provides you with access to a variety of resources as part of the Services, including interactive training tutorials, Copilot in Azure Quantum, documentation, developer tools, tutorial progress and product information. The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
Personal and Non-Commercial Use LimitationUnless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, publicly display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from the Services (except for your own, personal, non-commercial use) without prior written consent from Microsoft.
Privacy and Protection of Personal InformationYour privacy is important to us. Please read the Microsoft Privacy Statement (the "Privacy Statement") as it describes the types of data we collect from you and your devices, how we use that data, and the legal bases we have to process that data. The Privacy Statement also describes how Microsoft uses the submissions, comments, ratings or reviews of the Services, communications, files, exercise responses and code, and any content that you upload, store, broadcast or share through the Services, (collectively, "Your Content"). Where processing is based on consent and to the extent permitted by law, by agreeing to these Terms, you consent to Microsoft’s collection, use and disclosure of Your Content and data as described in the Privacy Statement. In some cases, we will provide separate notice and request your consent as referenced in the Privacy Statement.
Notice Specific to Software Available on this WebsiteAny software that is made available from this website ("Software") is the copyrighted work of Microsoft and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. Third party scripts or code, linked to or referenced from this website, are licensed to you by the third parties that own such code, not by Microsoft.
ContentAll content included in or made available through the Services, such as text, graphics, logos, icons, images, sounds, music, digital downloads, data compilation, software, and documents is the exclusive property of Microsoft or its content suppliers and is protected by the various applicable trade dress, copyright, trademark, patent, and other intellectual property and unfair competition laws in the United States and internationally. All rights not expressly granted to you in this TOU are reserved and retained by Microsoft or its licensors, suppliers, publishers, rightsholders, or other content providers.
Notice Specific to Software Available on this WebsiteAny software that is made available from this website ("Software") is the copyrighted work of Microsoft and/or its suppliers. Third party scripts or code, linked to or referenced from this website, are licensed to you by the third parties that own such code, not by Microsoft.
The Software is made available solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. The Software is made available solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, MICROSOFT CORPORATION HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FOR YOUR CONVENIENCE, MICROSOFT MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. MICROSOFT DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN MICROSOFT SOFTWARE PRODUCTS.
RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from the Services for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399.
Notice Specific to Documents Available on this WebsiteCertain documentation may be subject to explicit license terms separate from the terms contained here. To the extent the terms conflict, the explicit license terms control. Permission to use documents such as white papers, press releases, datasheets and FAQs (“Documents”) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Copyright notice: © 2023 Microsoft. All rights reserved.
Documents specified above do not include the design or layout of the Microsoft.com website or any other Microsoft owned, operated, licensed or controlled site. Elements of Microsoft websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Microsoft website may be copied or retransmitted unless expressly permitted by Microsoft.
Disclaimer and Limitation of Liability for the ServicesMICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE SERVICES OR THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SERVICES, DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES, INFORMATION AND RELATED GRAPHICS, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, INCLUDING THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
IN NO EVENT SHALL MICROSOFT AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES, CONTENT, SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
Sign-In, Password, and SecurityYou may need a Microsoft account or Azure Active Directory account to access some of the Services. Microsoft Account. Your Microsoft account lets you sign into products, websites and services provided by Microsoft and some Microsoft partners. You can create a Microsoft account by signing up online. Microsoft accounts are subject to the Microsoft Services Agreement. Azure Active Directory Account. You may have an account with Microsoft through an organization to which you belong. Please contact your organization’s administrator for information about this account.
No Unlawful or Prohibited UseAs a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Microsoft server, or the network(s) connected to any Microsoft server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Microsoft server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
Use of Services
You agree that when using the Services, you will not:
- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
- Violate any code of conduct or other guidelines which may be applicable for any particular Service;
- Violate any applicable laws or regulations;
- Create a false identity for the purpose of misleading others;
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof;
- Use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices;
- Use the Services in any manner that could damage, disable, overburden, or impair any Microsoft server, or the network(s) connected to any Microsoft server, or interfere with any other party's
- Use and enjoyment of any Services;
- Attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Microsoft server or to any of the Services, through hacking, password mining or any other means;
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services; or
- Attempt to copy or change, alter or otherwise attempt to modify the Services or these TOU.
Microsoft has no obligation to monitor the Services. However, Microsoft reserves the right to - review materials posted to the Services and to remove any materials in its sole discretion. Microsoft reserves the right to terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever. Microsoft reserves the right at all times to disclose any information as Microsoft deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Microsoft's sole discretion. Always use caution when giving out any personally identifiable information about yourself or your children in any Services. Microsoft does not control or endorse the content, messages or information found in any Services and, therefore, Microsoft specifically disclaims any liability with regard to the Services and any actions resulting from your participation in any Services. Materials uploaded to the Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
The available materials might be in English only.
Materials Provided to Microsoft or Posted to the ServicesMicrosoft does not claim ownership of the materials you provide to Microsoft or post, upload, input or submit to the Azure Quantum katas, including exercise answers or code you submit while completing the Azure Quantum katas (each a "Submission" and collectively "Submissions"). By posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Microsoft, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Microsoft Services), including, without limitation, the license rights to: copy, distribute, or transmit , publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of your Submission, as provided herein. Microsoft is under no obligation to post or use any Submission you may provide, and Microsoft may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Notices and Procedure for Making Claims of Copyright InfringementPursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
Links to Third-Party SitesTHE LINKS IN THIS SERVICE MAY LET YOU LEAVE A MICROSOFT SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF MICROSOFT AND MICROSOFT IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. MICROSOFT IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. MICROSOFT IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY MICROSOFT OF THE SITE.
Unsolicited Idea Submission Policy, Reservation of Rights and FeedbackMICROSOFT OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN MICROSOFT'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO MICROSOFT. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO MICROSOFT OR ANYONE AT MICROSOFT. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT MICROSOFT MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
Except as expressly provided under these TOU, Microsoft does not grant you a license or any other rights of any type under any patents, know-how, copyrights, trade secrets, trademarks or other intellectual property owned or controlled by Microsoft or any related entity, including but not limited to any name, trade dress, logo or equivalents. If you give to Microsoft any idea, proposal, suggestion or feedback, including without limitation ideas for the Services, new products, technologies, promotions, product names, product feedback and product improvements ("Feedback"), you give to Microsoft, without charge, royalties or other obligation to you, the right to make, have made, create derivative works, use, share and commercialize your Feedback in any way and for any purpose. You will not give Feedback that is subject to a license that requires Microsoft to license its software, technologies or documentation to any third party because Microsoft includes your Feedback in them.
Quantinuum LLC (“Quantinuum”) Trapped-ion 20-qubit emulator Terms and Conditions
Quantinuum offers access to and usage of a 20-qubit emulation of a trapped-ion quantum computer (“H1 emulator”), designed to run quantum algorithms and is accessible through the cloud and via online portals or interfaces such as APIs.
These T&Cs contain the terms and conditions that govern your access to and use of the H1 emulator and is an agreement between Quantinuum (also referred to as “we”, “us”, or “our”) and you or the entity you represent (“you” or “your” or “Customer”). By accessing the H1 emulator, you agree to these T&Cs.
Certain capitalized words and phrases in these T&Cs have special meanings as ascribed thereto as set out herein.
“Affiliate” means any entity that controls, is controlled by, or is under common control with, another entity. An entity “controls” another if it owns directly or indirectly a sufficient voting interest to elect a majority of the directors or has managing authority or otherwise directs the affairs or management of such entity.
“Authorized Users” means you, and any of your employees, or any third party/person accessing the H1 emulator using your login credentials and/or acting on your behalf who is expressly authorized by virtue of such individual’s relationship to or permissions by you to access the H1 emulator pursuant your rights under these T&Cs.
“Intellectual Property” means all ideas, inventions, technological innovations, discoveries, designs, methods, processes, formulas, know-how, patents, trade secrets, trademarks, service marks, copyrights, computer programs, computer software, scientific and mathematical models, algorithms, quantum circuits, business methods, writings, illustrations, photographs, improvements, and enhancements.
“Personal Data” means any information relating to an identified or identifiable natural person; an identifiable person is the person who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to persons physical, psychological, mental, economic, cultural, or social identity.
1. Acceptable Use
1.1 Authorized Users.
In operating your account, you and your Authorized Users may be required to visit an internet portal or site, through which you will access the H1 emulator and set up accounts. In operating your account, you: (a) must implement and maintain policies and procedures reasonably designed to maintain the confidentiality of usernames, passwords, or other credentials; (b) must ensure Authorized Users do not knowingly allow unauthorized users to use your credentials or access your account; (c) must promptly notify us of any known unauthorized use or breach of security related to your account; and (d) must maintain and promptly update Authorized User information if it changes. We have no responsibility with respect to any actions or inactions of your Authorized Users, and you will be responsible for access by any party you authorize.
1.2 License
Subject to payment of agreed fees and strict compliance with the terms of these T&Cs, we shall provide you a personal, revocable, non-exclusive, non-assignable, non-transferable license to: (a) use API access credentials solely to operate the H1 emulator and (b) use H1 emulator documentation as reasonably required in connection with its use.
1.3 Compliance
By accessing the H1 emulator, you represent and warrant you will comply with all applicable terms of these T&Cs when accessing and using the H1 emulator. You shall not use the H1 emulator for purposes of, or in connection with at least the following: (a) reverse engineering; (b) making machine code human readable or creating derivative works or improvements; (c) interfering with the H1 emulator’s security or operation (including probing, scanning or testing the vulnerability of any security measures or misrepresenting transmission sources); (d) creating, benchmarking or gathering intelligence for a competitive offering or competitive commercial purposes; (e) introducing, transmitting, or storing malicious code, Trojan horse, self-replicating, or other computer instructions that may, without Quantinuum’s knowledge or consent: (i) alter, destroy, inhibit, or discontinue the H1 emulator; (ii) erase, destroy, corrupt, hold hostage, or modify any data, programs, materials, machine protocols, or information used or accessed by Quantinuum; or (iii) bypass or disable any internal security measure to obtain access to any Quantinuum resource(s); (f) introducing, transmitting, or storing any code that may be used, in whole or in part, for compromising any encryption; (g) infringing another’s IPR including but not limited to failing to obtain permission to upload/transfer/display works of authorship; and/or (h) any use that would reasonably be expected to cause liability or harm to us or our customers or breach these T&Cs.
FURTHER, BY ACCESSING THE H1 EMULATOR, YOU REPRESENT AND WARRANT YOU WILL COMPLY WITH ALL APPLICABLE LAWS INCLUDING DATA PRIVACY OR LOCALIZATION, ANTIBRIBERY, TRADE SANCTIONS AND EXPORT CONTROL LAWS AND REGULATIONS OF THE UNITED STATES AND OTHER APPLICABLE JURISDICTIONS IN PROVIDING AND USING THE SERVICES AND YOUR RIGHTS TO USE THE H1 EMULATOR ARE SUBJECT TO SUCH COMPLIANCE. WITHOUT LIMITING THE FOREGOING, YOU REPRESENT THAT YOU: (I) ARE NOT NAMED ON OR MAJORITY OWNED OR CONTROLLED BY ANY ENTITY ON ANY U.S. GOVERNMENT LIST OF PERSONS (INCLUDING, BUT NOT LIMITED TO, THE SPECIALLY DESIGNATED NATIONALS AND BLOCKED PERSONS LIST (“SDN LIST”) OR ENTITIES PROHIBITED FROM RECEIVING EXPORTS, (II) ARE NOT ACCESSING THE H1 EMULATOR FROM ANY RESTRICTED COUNTRY (INCLUDING, AS OF THE TIME OF THIS WRITING, CUBA, IRAN, NORTH KOREA, SYRIA, AND THE CRIMEA REGION), AND (III) SHALL NOT PERMIT AUTHORIZED USERS TO ACCESS OR USE SERVICES IN VIOLATION OF ANY U.S. TRADE SANCTIONS OR EXPORT EMBARGO, PROHIBITION OR RESTRICTION. For purposes of FARs, DFARs
and access by governmental authorities, the H1 emulator and the Input Data are “commercial computer software”, “commercial computer software documentation” and “restricted data” provided to you under “Limited Rights” and “Restricted Rights” and only as commercial end items. Quantinuum will comply with all laws and regulations applicable to the provision of access and services described under these T&Cs including data privacy, anti-bribery, and U.S. trade sanctions and export laws (i.e., export to embargoed, prohibited, restricted countries or access by prohibited, denied, and specifically designated persons). Any failure to comply with this provision will be deemed a material breach of the T&Cs, you are required to notify Quantinuum immediately if you violate or reasonably believe you will violate, any terms of this provision. With respect to your access to the H1 emulator, Quantinuum may take any and all actions required to ensure full compliance with all trade sanctions laws without Quantinuum incurring any liability
1.4 Metric Data
Quantinuum reserves the right to collect metrics, including user number, data volume, or other means to measure usage or fees.
2. Support
We do not guarantee that we can or will fix any defect or malfunction or guarantee any level of support or maintenance availability. We will use commercially reasonable efforts to schedule downtime and routine and emergency maintenance whenever possible to complete repair and maintenance and minimize system down time whenever practicable. We are not responsible or liable for any problems, unavailability, delay or security incidents arising from or related to: (a) data, software (including upgrades, updates, patches, middleware, and firmware, etc.), hardware, telecommunications, infrastructure or networking equipment not provided by us; (b) your negligence or failure to use the latest version or follow published documentation; (c) modifications or alterations not made by us; (d) loss or corruption of data; or (e) unauthorized access via your credentials.
3. Data Privacy
You acknowledge and agree that Quantinuum may store and process certain data relating to individuals engaged by you (“Staff”) in the performance of our obligations under these T&Cs. Quantinuum will take appropriate technical and organizational measures to protect such Personal Data against any security breaches and shall securely delete it once Personal Data is no longer required for the purposes for which it is processed. Where appropriate and in accordance with the applicable data protection legislation, you shall inform your own Staff that they may exercise their rights in respect of their Personal Data by sending a written request with proof of identity to Quantinuum. See Quantinuum’s Online Privacy Statement for more details, available at https://www.quantinuum.com/privacy-statement provides additional details.
4. Intellectual Property
All right, title and interest, including all intellectual property rights (including copyrights, trademarks, and patents), proprietary rights (including trade secrets and know-how), and moral rights (including rights of authorship and modification) throughout the world (collectively, “IPR”) in and to the H1 emulator and all derivative works, modifications, and improvements, are retained by Quantinuum or its licensors and are our confidential information.
You own all input data you create and own your results from using the H1 emulator.
We shall own all IPR that is: (a) developed by us or our Affiliates by processing or analysis of Input Data (excluding Input Data itself but including derived data that is sufficiently different from Input Data so that Input Data cannot be identified from analysis or further processing of such derived data); or (b) generated through support, monitoring, or other observation of your use of the H1 emulator. The operation and performance of the H1 emulator is our confidential information. If you provide any suggestions, comments, or feedback regarding the H1 emulator, you hereby assign to us all right, title and interest in and to the same without restriction. You shall not remove, modify, or obscure any IPR notices on the H1 emulator or related documentation.
5. Open-Source Software Licenses
We may use open-source software (“OSS”) and to the extent required by the licenses covering OSS, the terms of such licenses will apply to OSS in lieu of this Agreement. To the extent the licenses applicable to OSS: (a) prohibit any restriction with respect to such OSS, such restriction will not apply to such OSS and (b) require us to make an offer to provide source code or related information in connection with the OSS, such offer is hereby made.
6. Warranty, Disclaimer, and Limitation of Liability
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THESE T&Cs, THE H1 EMULATOR AND SUPPORT ARE PROVIDED “AS IS” WITH NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, ON BEHALF OF OURSELVES AND LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS INCLUDING MERCHANTABILITY, FITNESS FOR PURPOSE, AND SATISFACTORY QUALITY. WE DO NOT WARRANT THAT THE H1 EMULATOR WILL MEET YOUR REQUIREMENTS, OR THAT THE H1 EMULATOR OR THE SUPPORT WILL OPERATE WITHOUT INTERRUPTION, OR BE ERROR FREE. RESULTS ARE NOT GUARANTEED AND WE MAKE NO REPRESENTATION ON THE AVAILABILITY OF THE H1 EMULATOR AND ANY ASSOCIATED SERVICE.
IN NO EVENT WILL WE BE LIABLE FOR LOST PROFITS, REVENUES, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE PERFORMANCE OF OR NONPERFORMORMANCE UNDER THESE T&Cs. OUR ENTIRE LIABILITY FOR ALL CLAIMS IN THE AGGREGATE ARISING FROM OR RELATED TO THIS AGREEMENT OR ANY HARM OR OTHERWISE ARISING UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNT OF ANY (1) DAMAGES FOR BODILY INJURY (INCLUDING DEATH) AND DAMAGE TO REAL PROPERTY AND TANGIBLE PERSONAL PROPERTY, (2) OTHER ACTUAL DIRECT DAMAGES UP TO U.S. $1,000 (OR EQUIVALENT IN LOCAL CURRENCY), AND (3) DAMAGES THAT CANNOT BE LIMITED UNDER APPLICABLE LAW. THIS LIMIT ALSO APPLIES COLLECTIVELY TO QUANTINUUM, ITS AFFILIATES, CONTRACTORS, AND SUPPLIERS, AND IS THE MAXIMUM FOR WHICH THEY ARE COLLECTIVELY RESPONSIBLE.
7. Trademarks, Publicity, and Disparagement
No party shall use the other party’s logo or trademarks without the other party’s prior written approval. You shall not make statements or representations, or otherwise communicate, directly or indirectly, in writing, orally, or otherwise, or take any action which may, directly or indirectly, disparage the H1 emulator or Quantinuum’s or its Affiliates’ respective officers, directors, employees, advisors, business or reputation. Notwithstanding the foregoing, nothing herein shall preclude you from making truthful statements that are required by applicable law, regulation, or legal process.
8. Miscellaneous
8.1 Force Majeure Event.
We shall not be in default, if failure to perform any obligation hereunder is caused solely by events or conditions beyond OUR reasonable control, including acts of God; fire; explosion; flood; acts of civil commotion; strikes; war; (whether an actual declaration thereof is made or not); cyberattack; unavailability of a public network and communication network; pandemics; sabotage; insurrection; action of a public enemy; failure or delays in transportation; laws, regulations or acts of any national, state or local government (or any agency, subdivision or instrumentality thereof); judicial action; wide-spread fuel, raw materials, machinery or technical failures beyond OUR commercially reasonable control; or governmental demands or requirements (each instance a “Force Majeure Event”) in each case, so long as such failure to perform could not have been prevented by reasonable precautions.
8.2 Governing Law.
These T&Cs and any dispute, controversy, difference, or claim arising out of or relating to it (“Dispute”) will be governed in accordance with the laws of the State of New York without regard to conflicts of law principles. Application of the United Nations Convention on Contracts for the International Sale of Goods, 1980, and any successor law to either is specifically excluded. The Federal or State Courts having jurisdiction over Broomfield, Colorado, USA have exclusive jurisdiction to adjudicate any dispute arising out of or related to these T&Cs. Until any award is entered into judgment and made final, we may apply for injunctive relief and/or seek from any court having jurisdiction, interim or provisional relief, if necessary, to protect the rights or property.
8.3 Changes to the H1 emulator.
Any descriptions of future product direction or intended updates (including new or improved features or functions) other than the features and functions deployed as of date of these T&Cs are intended for information purposes only and are not binding commitments on us to deliver any material, code, or functionality. The development, release, and timing of any such update is at our sole discretion unless agreed otherwise in writing.
8.4 Termination.
Notwithstanding anything to the contrary contained in these T&Cs, at any time for any reason at our sole discretion, including for any violation of these T&Cs, we may suspend or terminate these T&Cs or any services, in whole or in part, without liability or obligation, for unused Quantum System usage.
AI Terms of Use
The terms of use for this website are linked in the webpage footer and here, and are supplemented by the following:
AI Services. "AI services" are services that are labeled or described by Microsoft as including, using, powered by, or being an Artificial Intelligence ("AI") system.
- Reverse Engineering: You may not use the AI services to discover any underlying components of the models, algorithms, and systems. For example, you many not try to determine and remove the weights of models.
- Extracting Data: You may not use web scraping, web harvesting, or web data extraction methods to extract data from the AI services.
- Use of Your Content: As part of providing the AI services, Microsoft will process and store your inputs to the service as well as output from the service, for purposes of monitoring for and preventing abusive or harmful uses or outputs of the service.
- Third party claims: You are solely responsible for responding to any third-party claims regarding Your use of the AI services in compliance with applicable laws (including, but not limited to, copyright infringement or other claims relating to content output during Your use of the AI services).
Azure Quantum Credit Program Terms
By submitting an application for credits, activating or using any credits awarded, or otherwise participating in the Credit Program, you agree the following terms and conditions (“Program Terms”) on behalf of your company, academic institution, or other approved organization (collectively, “Institution”). You represent and warrant that you have full rights and authority to enter into these Program Terms on behalf of Institution and that Institution’s participation in the Credit Program will comply with applicable law.
1. Microsoft has established a credit program for qualified Institutions accessing third-party quantum hardware using Azure Quantum (“Credit Program”). Credits are awarded on a project-by-project basis, at Microsoft’s discretion, based on the application submitted on behalf of Institution. Participating quantum hardware providers (“Providers”) are determined by Microsoft.
2. Qualified Institutions must meet all eligibility requirements established by Microsoft. Each application submitted by a qualified Institution must meet the minimum requirements established by Microsoft. Among eligible applicants, applications will be selected in Microsoft’s discretion based on considerations including but not limited to perceived technical merit, potential impact, program bandwidth, and funding considerations. Notwithstanding the foregoing, Institution acknowledges that Microsoft may revoke any unexpended credits granted under this Credit Program on 30 days prior notice.
3. Credits are valid for and can only be applied to the specified Provider and project described in Institution’s application and specified in Microsoft’s credit offer in which the credits are awarded. Microsoft may award credits to a single Provider or may split credits amongst multiple Providers in its sole discretion. Credits are valid solely for non-commercial uses. Credits can only be applied on behalf of a qualified Institution. Non-compliance with these Credit Program Terms and any other applicable Credit Program requirements, including without limitation the terms of Microsoft’s credit offer, will result in the automatic termination of the credits. For purposes of this Credit Program, “commercial use” does not include research and development use by a commercial entity for prelaunch product development, but does include use to operate any existing product or service. Credits are nontransferable and may not be sold, transferred, or bartered. Credits have no cash value and cannot be converted to Azure credits or otherwise applied to any Azure services (e.g., Azure Storage or Azure Compute).
4. Each Credit offer must be accepted in writing by Institution within 30 days of the project start date indicated in the Credit Program application or the credit offer will be automatically rescinded. Credits expire on the earlier of (a) the date specified Microsoft’s grant of credits to Institution or, if no date is specified, 180 days from the activation date, or (b) the date when the credit is fully used. Expired credits cannot be applied to any account or redeemed in any form. When Institution’s credits expire, Institution’s account will not convert to a paid account. Institution will need to open a new account with Provider for paid access to Provider’s hardware. Institution’s rights in connection with both accounts are governed by the Provider’s end user license agreement.
5. All credit awards are conditioned on acceptance of and compliance with the applicable Provider’s end user license agreement, Microsoft’s Online Services Terms, and any other applicable terms of service. These Program Terms apply solely to the Credit Program. Access to and use of any Provider’s hardware is subject to the end user license agreement between Institution and the applicable Provider. Access to and use of the Azure Quantum Service is subject to the applicable agreement between Institution and Microsoft, including without limitation the Microsoft Online Services Terms.
6. Institution agrees that Microsoft may share any information submitted in connection with the Credit Program with Microsoft’s partners, including without limitation any Providers, for the purpose of Institution’s participation in the Credit Program. Institution will cooperate with Microsoft with respect to publicity related to participation in the Credit Program and any projects enrolled in the Credit Program. Institution agrees that Microsoft may reference Institution and its trademarks in promotional materials. Microsoft will reference Institution’s trademarks in accordance with trademark and branding guidelines (if any) provided to Microsoft by Institution. Any use of Microsoft’s name or trademarks is subject to Microsoft’s prior review and written consent, as well as compliance with the Trademark and Branding Guidelines set forth at https://www.microsoft.com/enus/legal/intellectualproperty/trademarks/usage/general.aspx. Publication of the results of a project enrolled in the Credit Program is not required, but if you (or Institution) publishes such results, Institution will (a) provide Microsoft with a copy prior to publication, and (b) include attribution to Microsoft in accordance with the relevant standards for the publication. If Institution requests Microsoft promotion of results that have been or will be scheduled for publication, Institution will provide its results to Microsoft for review and Microsoft will consider such requests on a case-by-case basis.
7. Microsoft may from time-to-time, in its sole discretion, change the details of the Credit Program, the terms of participation in the Credit Program, or these Program Terms. Microsoft will provide Institution notice of material changes and such changes will be effective 30 days after Microsoft’s notice. No changes to the Credit Program or these Program Terms will apply retroactively. Microsoft may terminate the Credit Program in its sole discretion at any time, in which case the awarded credits will immediately expire and may not be applied to any other service of Microsoft or its partners. In the event that the Provider associated with Institution’s award is no longer part of the Credit Program, Microsoft will notify Institution and, in Microsoft’s sole discretion, may offer the ability to apply unexpended credits to use of an alternative Provider.
8. Institution acknowledges and agrees that it is solely responsible for all taxes arising in connection with its participation in the Credit Program. The credits provided by Microsoft are inclusive of any tax (including but not limited to net income or gross receipts taxes, sales, use, and value added taxes) arising as a result of the transfer and all such taxes shall be the financial responsibility of Institution. Institution agrees to indemnify, defend and hold Microsoft harmless from any taxes or claims, causes of action, costs (including, without limitation, reasonable attorneys’ fees) and any other liabilities related to such taxes. Microsoft is required to collect an Internal Revenue Service (“IRS”) tax form from Institution prior to it receiving any credits under the Credit Program. Microsoft is unable to provide tax advice, and Microsoft encourages Institution to consult its own tax advisor if Institution has questions regarding the correct IRS form or any tax considerations for participating in the Credit Program. If Microsoft does not receive a completed, valid IRS tax form, Institution cannot receive any credits under the Credit Program. Microsoft will use the IRS tax form solely in connection with Institution’s participation in the Credit Program and will not provide this form or any of the information on the form to any third party. The appropriate IRS tax form is based on Institution’s status for US tax purposes. If Institution has questions about its US status, Institution can consult the IRS website (W-9: About W-9; W-8BEN: About W-8BEN) or its own tax advisor.
9. Microsoft’s aggregate liability to you, Institution, and any third party under these Program Terms and in connection with the Credit Program is limited to $5,000 USD. Microsoft will have no liability for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under, or with respect to, these Program Terms or the Credit Program. These Program Terms are governed by the laws of the State of Washington or, if different, the laws that govern the Institutions agreement concerning the use of Azure.
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